Mr. Winz—My client is out for the protection of the children, and if things happen which impair their moral welfare, that constitutes a breach of the agreement on the part; of the wife.
Mr. Newman contended that the action was one for the recovery of; money and the question of conduct did not arise.
When the hearing was resumed} in the afternoon, Mr. Wing svb-/ mitted that the claim under the agreement should be dismissed because the wrong person had been sued. The agreement provided that: the payments should be made to the trustee, and there was not a werd about payment to Mrs. Thompson.
The Registrar—(after consulting the agreement)—What have you to sty to that, Mr. Newman?
Major Jack Hamilton, residing in Route Cardinal Mercier, was the defendant at H. M. Supreme Court on Saturday in an action' heard before the Registrar, Mr. G. W. King, being sued by Jay El: mont, of 18 Quinsan Gardens, for the recovery of $250 for breach, of a tenancy agrogment Mr. C. 8S. Franklin, who appeared for plaintiff, stated that on September 20, defendant entered into a tenancy agreement. to rent an apartment at 18 Quinsan Gardens, starting from October 1, at $250 per month, including board and other incidentals. The apartment was reserved for him, but on Friday he wrote cancelling the agreement and saying that he was leaving for Hongkong in two or three days.
Plaintiff gave evidence to this Mr. Newman—I have nothing toj effect, and produced an agreement The trustee refused to act) in the terms mentioned by counsel from the first, and it has always and signed by defendant. Mr. been understood that that part of Elmont added that the agiooment the agreement..was waived, with the having been made, ho refused other result that no payments have been offers for the room. On telephon-made to him. ing to defendant asking him what Mr. Wing—How do you know) he was going to do about it, Major that?
Hamilton replied "Absolutely no-Mr. Nowman—Because, if thera thing." had been, Mrs. Thorapson would Defendant said the reason why have received the money. did not go to the house was
upon taking that technical point,|Wner.
The Registrar—Do you insist beeters of the reputation of the Mr. Wing Mr. Wing—Cortainly, sir.
The Registrar—Then I am afraid] I shall have to agree with you. think it is a pity, but judgement will have to ba given for defendant,.the action not having been properly brought.
Text read from the printed page and cleaned; old type leaves the occasional error.