Eebbuaby 25, 1899.
THE ESTATES GAZETTE
308
IMPORTANT TO PROPERTY OWNERS.
To the Editor of the ESTATES GAZETTE.
Sib,—•At a time when the promoters of underground railways—to use the old familiar phrase— are burrowing in all directions under the earth which supports London and its suburbs, actions in which owners of house property have been compelled to sue railway companies for compensation for damage done to their premises have a very general interest. Recently you reported a noticeable case of the kind. In “Lucas v. The Great Central Railway,” the plaintiff was suing for damages caused to two houses in !St. John’s-wood by the works and operations of the defendants.' He alleged that the walls, ceilings and drains of the houses had been injuriously affected, and that they had been rendered so unsuitable for habitation that the rentals had become substantially diminished. The fight between the learned gentlemen engaged in the case and the experts on either side was scarcely one a outrance. On behalf of the company, indeed, it was not seriously denied that the premises had been damaged, and the whole question resolved itself into one of the amount of damages. The jury gave the plaintiff £250—“within £25 of what I had put down,” said the Lord Chief Justice. Whether this sum will fully compensate Mr. Lucas for the trouble, worry, and expense of the litigation is a matter which peculiarly concerns himself. I think I may' properly venture to voice what will no doubt be the view of owners of house property, and take the opportunity of congratulating Mr. Lucas on the result of a hard-fought battle, and of expressing the opinion that his example ought to go far “ to encourage the others —to induce those whose property may have been damaged by railway companies to stand strictly on the rights given them by law, and to be firm in enforcing their claims to any compensation which may be due to them.
In conclusion, I wrould urge that all owners of house property along the routes of the various new underground railways now being constructed should carefully watch for any injurious affection to their premises by reason of the tunnelling operations being performed.
Tours, etc.,
WEST END.
COMMISSION CASE.
WESTMINSTER COUNTY COURT.
February 22.
(Before His Honour Judge Lttmley Smith, Q.C., and a Jury).
A DOUBLE COMMISSION.
PHILLIPS AND PHILLIPS V. THE EASTMAN PHOTOGRAPHIC COMPANY.
This was an action by plaintiffs, a firm of house agents, carrying on business at 6, New-man-street, Oxford-street, to recover the sum of £37 10s., commission on the letting of premises at 117, Oxford-street. The plaintiffs’ case was that in January last it came •to their knowledge that the premises in question were to let on lease, and having a client named Hitchings who was anxious to obtain premises in Oxford-street, they approached the defendants, and got from them full particulars as to the rent required and the length of lease. On the occasion of the interview the defendant® agreed to place the matter in the plaintiffs’ hands on the same terms as they had done with other agents, and also agreed to pay the usual commission in the event of a tenant being introduced. In due course the firm of Hitchins were introduced, and were willing to take the place on the defendants’ terms, but the latter aliose to let them to another firm, named Crossfield, and refused to pay commission. Evidence was called on behalf of the plaintiffs to show that they had introduced a willing and responsible tenant, and it was contended that although the defendants had chosen! to let to someone else, they were none the less liable to pay commission.
The defence was that the premises were placed in the hands •of several agents, including the plaintiffs, and Messrs. White, Druce and Brown. As a matter of fact the plaintiffs and the latter firm both introduced clients at the same time, and Messrs. White, Druce and Brown’s client was accepted as tenant.
The jury, after a short consultation, gave a verdict for the plaintiffs for the amount claimed.
His Honour entered judgment accordingly, but it was understood that there would be a motion for a new trial.
The ESTATES GAZETTE can be obtained of our City Agents, Messrs. POTTLE and SONS Royal Exchange.
furniture, horses, carriages, farm stock, wine, spirits, etc. The incoming tenant is Mr. Jas. Turner, of Ilchester, Somerset, for whom Messrs. Morris, Sons and Peard, of North Curry, Taunton, acted.
The neighbourhood of Dulwich has always been a highly attractive one as a residential locality. During the greater part of the 18th century it enjoyed an extraordinary vogue on account of the supposed beneficial effects of its mineral waters. Although the reputation of its waters has long since departed, it still retains its enviable distinction as one of the nost salubrious and picturesque of the southern suburbs. In one of its busiest thoroughfares is situated the choice wine and spirit establishment known as the Oglander Tavern, Oglander-road, which Messrs. Eleuret, Sons and Adams will shortly sell by auction at the Masons’ Hall Tavern, Basinghall-street, E.C. The house enjoys an extensive and easily managed business, done at large profits, and capable of much increase under more energetic management. The lease is for about 37 years, at the exceedingly low rental of £140.
SALES AT MASONS’ HALL TAVERN.
City.
There were eight properties for buyers to select from at Masons’ Hall Tavern, on Tuesday, but in the result not a single house changed hands. Mr. J. Marks (Messrs. J. J. Orgill, Marks and Orgill) faced a crowded audience, and submitted the old-established tavern, the Coach and Horses, in St. John-street-road, brought into the market owing to the vendor, who had been in occupation 30 years, retiring. Mr. Marks said that if he was correctly informed, he believed this was the first time the house had ever been offered to auction. The premises were rebuilt a few months ago, ana have a good architectural appearance. During the last few years great alterations have been taking place in the neighbourhood, notably the construction of Rosebery-avenue, of the central parcels post dépôt, and the Northampton Institute, whilst the New River Company’s offices have been enlarged ; the district is the centre of the manufacturing jewellery trade. Mr. Marks considered the ultimate trade would become £90C per month, and received biddings from £18,000 to £25,200. “We all know it is worth a great deal more tlîan this,” said the auctioneer, and he withdrew the Coach and Horses at £28,000. Eor the Prince Alfred, at the corner of Eleanor-road, Hackney, capable of doing a trade of £300 per month, competition ranged from £6,000 to £8,600, and the reserve was stated to be £9,300.
South-east and South-west.
Mr. W. Torrence Knight, in offering the Bunch of Grapes, No. 29, Long-lane, Bermondsey, said the County Council had voted £200,000 for the purpose of widening Long-lane, and three or more licensed houses would be pulled down. The premises, which need an alteration, were bid for from £7,000 to £9,350, and withdrawn. The Havelock Arms, Fort-road, Bermondsey, bids for which ranged from £8,000 to £9,500, was also withdrawn at £10,000. Mr. H. Finch (Messrs. Barker, Cathie and Finch) offered the Windsor Castle, at No. 199, Southwark-bridge-road, which was put in at £5,000, and retired at £9,300; the Royal Albert, in Albert-square, Clapham-road, started at £7,000, and withdrawn at £8,600 ; and the Elm Park Hotel, just off Brixton Hill, for which bids were received from £5,000 to £7,400, whilst £7,700 was required. Messrs. Whatley and Son fared no better with the Larder, at No. 6, Little Argyle-street, where a luncheon trade is done, bids going from £5,000 to £6,000, and £6,500 being asked.
FORTHCOMING SALES OF
LICENSED PROPERTIES
AT
Masons’ Hall, London, E.C.
TUESDAY. FEBRUARY 28, at One o’clock.
J. and W. JOHNSON, 3, Hackney-road.
Britannia, Fish-s^reet-hill, L.
Mr. W. ROLFE. 102, Great Russell-street.
Green Dragon, St. Andrew’s-hill, Queen Victoria-
Bull’s He^d, Old Town, Clapham, L.
Mr. S. H. BAKER, 62, Coleman-street.
Highlander, Dean-street, Oxford-street, L. Kenilworth Castle, 286, New North-road, F.L. Britannia, 45, High-street; Peckham.
TUESDAY, MARCH 7.
J. J. ORGILL, MARKS and ORGILL, 21, Hart-street. Crown, Chislehurst-common, L.
Camden Head, 456, Bethnal-green-road, L.
JONES. SON and DAY, 586, Commercial-road.
Bull and C׳own Hotel. Chingford, L.
Mr. S. H. BAKER, 62. Coleman-street.
White Horse, Rupert-street, Shaftesbury-avenue F.L.
Roebuck, Kennington-cros3, F.L.
TUESDAY, MARCH 14.
Mr. WOODS, Hounslow.
Swan Hotel, Walton- ־n-Thames, L.
is within five minutes’ walk of the Minster, the museum, the grounds of the Yorkshire Philosophical Society, -the Fine Arts and Industrial Exhibition, and other places of interest.
The value of a lost “ full license ” was determined by Mr. Justice Bucknill and a jury on Wednesday, at the hearing of an action for damages by the Beeston Brewery Company against Mr. James Eadie, a brewer, of Burton-on-Trent. The object of the suit was to recover compensation for the loss of a full license by an alleged breach of covenant on the nart of defendant, and the misconduct of his tenant. The case came up at the Leicestershire Assizes. Mr. Hugo Young, Q.C., and Mr. Garrett appeared for the plaintiffs; and Mr. Stanger, Q.O., and Mr. Graham for the defendant. Mr. Young, in opening the case, explained that a certain full-licensed house in Leicester, the Crown and Cushion, was, in February, 1888, leased to Mr. Eadie for 10 years, subject to the condition that he would do nothing to endanger the license. The defendant afterwards transferred his business to a limited liability company. They, in their turn, -let the house to a man named Brown, who allowed such gross misconduct in April, 1897, that he was deprived of his license, and the 1house was closed. It had thereby been depreciated in value. Sir John Rolleston, F.S.I., of Leicester and Lon don, said he had had considerable experience in purchasing fully-licensed houses recently, and deposed that the value of the Crown and Cushion had now fallen from £3,750 to only £1,250, owing to the loss of the license. One auctioneer estimated the depreciation at £2,518, On the other hand, counsel for the defence contended that the house had been properly conducted, and that its value as a public-house was very much less than had been estimated for the plaintiff, the license being worth £1,200. The jury found the license had been lost by the misconduct of the defendant’s sub-tenant, and assessed the damages at £1,750. Some points of ■law have still to be argued.
In the Dudley County Court, on Monday, before his Honour Judge Young, the Dudley and Wolverhampton Breweries, Limited, were plaintiffs, and the North Worcestershire Breweries, Limited, defendants in an action in which £19 was claimed as one year’s rent of the Shingler’s Arms, Brickkiln-street, Hart’s-hill, and £4 15s. mesne profits. The late Charles Stamps, owner of the property, mortgaged the same in March, 1884, a condition of the mortgage being that there should be no lease without the consent of the mortgagee. Charles Stamps died on November 21, 1885, and he left a will under which his widow and Mr. George Roybould were to sell the property, the proceeds to be invested, the interest to form the income of the widow for life. On June 1, 1897, thefe was a conveyance of this property by trustees to Henry Banks, who, with the consent of the trustees, transferred the property to the plaintiff company. On the plaintiffs seeking to obtain possession of the property, defendant’s solicitor replied that the house was held by them on a lease for 21 years between Mrs. Stamps and Henry Simkiss, dated rrom April, 1893, at an annual rental of £19. On September 23, 1897, plaintiffs served a notice claiming possession on March 25, 1898. Defendants replied that they considered the lease was good, and would not relinquish possession unless compelled, a possession which they still maintained. After hearing the several legal arguments, his Honour adjourned the case for judgment.
The directors of Eversfield Hotel Company, Limited, Hastings, reported that the total ie-ceipts for the year amounted to £9,882 11s. 7d., and the net profit for the year amounts to £1,282 14s. lid., out of which the sum of £750 was distributed as an interim dividend of 2¿ per cent, in August last, and a further dividend of lg per cent., making 4 per cent, for the year. The directors have exercised the option of purchase of the hotel property at £20,000, contained in the company’s leases. The purchase was completed on November 3 last, and the company are now the owners of the freehold portion of the hotel, formerly known as Nos. 20 and 21, Eversfield-place, and of the ground leases of Nos. 18 and 19, Evers-field-place. Mr. F. H. Thorpe, the accountant and auditor of the company, having retired, the directors have appointed Mr. Sidney Cronk, of 43 and 44, Lombard-street, E.C., as accountant.
We learn that the old-established family and commercial hotel and posting house, known as the Angel Hotel, and home farm, situate at Ccleford, Gloucestershire, has changed '.lands on account of the decease of the late Mr. T. J. Baker, the eldest son of the proprietor of the Castle Hotel, Lynton, and who was formerly well known and respected as the whip of the Minehead and Lynton coach. The negotiations for transfer were successfully carried out by Messrs. Thompson and Co., hotel valuers, Exeter, wbo also made the valuation of the
LICENSED PROPERTY NOTES.
Business was again very slack on Tuesday at Masons’ Hall Tavern, although there were eight- properties offered, and great interest was taken in the sale, by Mr. J. Marks, of the Coach and Horses, in St. John-street-road, Clerkenwell, which has been in the same hands for over 30 years, and believed to be brought into the public market for the first time on this occasion. The house, which has recently been rebuilt, was withdrawn at £28,000.
The offer of the Lion Brewery, at Prince’s Risborough, Bucks, at the Tokenhouse-yard Mart, on Monday, excited a good deal of interest. The property, which comprises a large brewery, with residence and !cottages, and 80 licensed houses, of which 62 are freehold and copyhold, situated in the surrounding country, was in the hands of Messrs. Alfred Thomas, Peyer and Miles for disposal. There was a capital competition, and the brewery changed hands at £59,500.
Mr. Matthew Miles, at the same venue, also disposed of the Grapes public-house, in Mil-ton-street, E.C., a freehold house let on lease expiring in 1946 at £150 per annum, for £4,975.
It is difficult to conceive a more advantageous situation than that enjoyed by the noted house known as the Clock Hotel, Coventry-road, Bickenhill, which Mr. Charles H. Bees will sell by auction at the Grand Hotel, Colmore-row, Birmingham, on March 7. The house stands at the junction of four roads, leading from Birmingham to Coventry and from Coles-Tiill to Solihull, and1 is the only licensed house of any description within a radius of nearly two miles. The interior arrangements, including bar, bar parlour, dining room and drawing room, are convenient and spacious. The hotel is a picturesque building, and has been specially adapted to the requirements of the modern cycling and pleasure traffic.
The Bohemian story of Nell Gwynne still holds the affections of London people, and the Strand is redolent of associations with her name. It was in Drury-lane theatre that Pepys was brought to Nelly, “a most pretty woman, who acted the great part of Coelia,” as he records. He has left a picture of her “ standing at her lodging door in her smock sleeves and bodice,” on May 1, 1667. She was buried in the churchyard of St. Martin’s-in-the-Eields. We notice that shortly Messrs. J. J. Hill and Weaver will offer the handsome Nell Gwynne Tavern in Bull-inn-court, which is approached by an attractive entrance way from the Strand.
In one of the best positions in the great metropolis of the cotton trade is situated the fully-licensed and old-established hotel and restaurant known as the Falstaff Hotel, which Messrs. O. W. Provis and Son will offer for sale at the Thatched House Hotel, Newmarket place, Manchester, on the 28th inst. The hotel and restaurant are both doing a very large and increasing business, and owing to their proximity to the Royal Exchange, the Cotton Waste Exchange, the Coal Exchange and the Corn Exchange, will always command a valuable and extensive trade. The premises comprise a large smoke and concert room, with handsomely fitted bar, lunch and dining rooms, clubrooms, bedrooms, etc. The property is in an excellent state of repair and decoration, a large sum of money having lately been expended in remodelling, repairing and furnishing it.
_ It is understood that the form of compensation suggested by Lord Peel in cases vdiere license-holders are deprived of their licenses through no misconduct of their own is a five years’ notice, with liberty to the licensing authorities to extend the period to seven vears if they think fit. In regard to the question of .Sunday _ closing in London, his Lordship is credited with the intention of inviting his colleagues upon the Licensing Commission to endorse a proposal that public-houses in the Metropolitan police area should be allowed to open for one hour at mid-day on Sunday, and for two hours in the evening.
_ Although its fame is derived mainly from its historical, ecclesiastical and political associations, the ancient city of York possesses also distinct advantages on account of its commercial activity.^ In one of the central thoroughfares of the city is situated the first-class family and commercial hotel, known as the North Eastern Hotel, which Messrs. Richardson and Trotter will sell by auction at their rooms, 14, Coney-street, York, on March 16. The house is of modern erection, with handsome elevation, substantially built, and the rooms throughout are exceptionally spacious and well arranged, It