CLAIM FOR RENT

Hawke's Bay Herald-Tribune, Volume 81, Issue 56, 29 November 1937, Page 6

CLAIM FOR RENT

Napier Park Racing Club Sued For £241 USE OF OFFICES Eleven years ' rent, less £37 10/wbicb bad been paid, on account, leaving a balance of £241 13/4, was claimed by Jobn Yigor Brown from tbe Napier Park Bacing Club in tbe Magistrate 's Court at ' Napier tbis morning before Mr. J." Miller, S.M. Tbe story tbat was told went baek to 1903 wben tbe club first occupied tbe plaintiff > offiees in Herscbell- street. Mt. A. C. iJfaxtin appeaxed for tbe plaintiff* and Mr. L. Willis for tbe defendants. In stating tbe claim, Mr. MaTtin said it was in respect of premises occupied by tbe Napier Park Kacing Club from 1903 onwards. Agreement To Pay Rent. Prom 1903 to 1913, blr. Brown received no rent, but in July of 1913, tbe club pas'sed a resolution agreeing to pay £26 a year. Actual.payments were made from tben on at tbe rate of £25 for a period of 13 years. In 1927 the club got into arrears and remained in arrears for three years. In 1930, tbe club passed a resolution leaving tbe inatter of tbe rent to tbe president, Mr. Twist, wbo agreed tbat £37 10/should be paid^ on acconnt. In 1930 tbe slump was on and tbe club was having a liard time.' No more was paid from 1930/ From tiine to time Mr. Brown would mention the matter to tbe secretary and very generously alfowed the matter. to stand over ,because he was told the club's finances were in a bad. way and the secretary' s salary was in arrears. From 1923 on wards the secretary's salary was always behind, Request For Payment. This ,year, in October, the plaintiff renewed Ms irequest for. Jtbe payment pf rent, but got no repiy. He tkreat-* ened action} and the defendant club denied liability. Crbss-,§xamining plaintiff, Mr. Willis suggested that Mr. J. E. Gleadow, who .was until recentiy the secretary of tbe club, and who also managed two insurance agencies . for the plaintiff, had authority to do as he pleased with the offiees and that". the agreement to pay rent had been suspended. Mr. Willis also suggested tliat the plaintiff's not having claimed his rent during all those years had caused the changing committees* of the club to get the impression that the rent was no longer owing. This would probably prevent their taking free offiees^ elsewhere, had there been such an oppor tunity. John Emery Gleadow gave evidence that, for 34 years, he had been the secretary of the Napier Park ltacing Club. In August, 1937, he was asked to resign and finished up on Sepi&mber '30. He was given no explaiiatfbn as to why liis resignation, was asked fbr. In answer to Mr. Willis witness denied Vindictiveness against. the club and said he had; not prompted Hie plaintiff to make the claim. In handing over the books to the new secretary he had not made up- rent that was owing and it did . not, appear iii the books because there had been no accounts sent for it. $*. • (Proceeding.)