At the Mixed Court on Monday, before Magistrate Kwan, Mr. Ivanoff, and Mr. Blackburn, Mr. J. T. Hammond brought an action againat Mme. Helena Zykina for the payment of mesne profits at the rate of Tls. 150 a month as from December 1 last, while sublessee of No. 20 Yates Road, and also for an order that she vacate the premises.
Mr. F. J. Schuh! defended, and Mr. Hammond appeared in person.
It may be remembered that Messrs. J. P. Bisset & Ca. recently secured a judgement against the plaintiff in H.-M. Supreme Court for sub-letting the house in question, contrary to the terms of his lease.
Mr. Hammond in his petition declares that by an agreement dated July 1, 1920, made between him and defendant, he let the premises to her for a certain rent. It was agreed inter alia that the sublessee should not let furnished or unfurnished apartments. He alleged that Mme. Zykina let part_of the house to a Capt. Fenwick. She had also bought a lot of cheap furniture and endeavoured to sell it and the lease for Tls. 3,500.
Mr. Schuh] said it was understood between the parties to the agreement that the defendant could let the premises. No breach of the tease was committed nor were the premises sub-let without the knowledge and consent of the plaintiff. Mme. Zykina could speak very little English. She could neither read nor write English when at Mr. Hammond's suggestion the lease was signed. He (the plaintiff) compelled her to pay a sum of Tls. 30 as "key money," and $450 "as a deposit in the way of keeping. of the covenants of the lease," the plaintiff had told her.
A lively moment occurred when Mme. Zykina went into the witness box. Cross-examined by Mr. Hammond, she spoke of his having a reputation for accepting cumshas when negotiating property deals. In answer to her: allegation he challenged her to give the name of anyone who had slandered him, saying that if she could, he would withdraw his action against her. Eventually the witness was reminded by Mr. Blackburn that it was the Court's province to deal only with relevant evidence. After a hearing lasting over three hours, mostly occupied in the reading of documents by both sides, judge ment was reserved.
Text read from the printed page and cleaned; old type leaves the occasional error.