A MODEL JUDGMENT.

South Canterbury Times, Issue 2360, 9 October 1880, Page 2

A MODEL JUDGMENT.

A rather interesting Civil Case was heard at the R. M. Court yesterday afternoon, too late for publication in our last issue. This was The Trustees of Charles Johnson v. G. Cliff —Claim £lO 3s Bd. A set-off £9 18s 7d was put in. Mr Toss will appeared for plaintiffs ; Mr Hamersley for defendant. The short facts of the case were that the defendant had let a house to the plaintiff at 12s per week, agreeing to take the rent out in meat from the plaintiff, who is a butcher. The house was actually the property not of the defendant but of his wife, although at the time of letting it the defendant said nothing about this, and Mr Toss will now argued that the claim for rent could not be set off against the plaintiff’s claim, because the house did not belong to the defendant.

Mr Hamersley in reply contended that a tenant cannot dispute his landlord’s title. In the event of a title being bad the actual owner would only have the right to call it in question. Mr Tosswill having replied,Mrßeetbam gave judgment as follows: —“I shall give judgment in this case ‘ according to a rule founded on justice and public policy’—That everyone should do as he ought to do. Cliff had the meat, and ought to pay for it; Johnson had the house, and ought to pay for it. The two bankrupts were trying to take advantage of one another —Cliff filed, and tried to get out of paying for the meat; Johnson filed, and tried to get out of paying for the house. I shall make both pay. I shall put both accounts together, and give judgment for the difference which is 7s Id in favor of the plaintiff—each party paying his own costs.”