The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1905-09-12

The first suit in this neighborhood under
a new law regarding the rights of land
lord and tenant, was tried before Justice
Slack, on Friday. The case was that of
Samuel W. Shinn, agent, VS.. Howard V.
Stratton.
Stratton occupies building owned by
the estate of Edward P. Holeman. 1t was
leased by the latter in his lifetime, the
lease expiring last February. In May,
Shinn, acting as the agent of Mrs. Hole
ton and demanded rent which was claimed
to be overdue. The latter said that there
was an error in the amount and that the
receipt book was in possession of the Hole
man family, deceased having taken it and
1t must be in his papers. The book was
found and 1t was discovered that STRAIT
toms claim was correct. The rent was
paid until May first, and then Mr.. Shinn
demanded payment of a month in advance
the lease providing such course. Stratton
objected to this and said the lease had ex-
pired aud that he did not propose to pay
in advance, especially as the bathroom
leaked and the landlord refused to put it
in order.
Matters proceeded and StrattOn was Or
dered to vacate, but he declined to obey,
paying up all back rent and offering a
monthin advance, which offer was refused.
Suit was then brought to eject him.
Being agent for the plaintiff Mr.. Shinn
did not care to appear as attorney, so Har-
old Wells conducted that end of the case.
Jacob @. Hendrickson appearing for the
defendant.
Shinn's testimony covered the points
above stated. and the contention was that
Stratton, having declined to pay in ad-
vance. had forfeited all right to stay on
under the lease, even though it contained
a two years privilege. On cross examin-
alton it developed that Mrs. Holeman had
Immediately after the death of her husi
band, given orders to have Stratton. re-
moved, as ''she never wanted him in.
Witnesses were brought to attempt to
show that StrattOn had intended to move
and had been looking up a store in Bor
dentown, but this turned out to have been
an effort in behalf of nephew.
STATIONS testimony showed that there
had apparently been an effort in which
some snimus had been displayed to GUST
him from the property. AS he proved he
had paid all demands for rent, and had
offered to pay in advance, the jury
promptly returned a verdict in his favor
The law under which this suit was brought
is new, and it provides that when a jury
has rendered verdict the finding shall be
final without recourse to the appeal court,
so the verdict of Friday gives Stratton
possession until next February, with the
costs, amounting to about $15 and law
yer's fees, on the plaintiff.
There is another complication in the
case. With the understanding that it
would not be any trouble in getting rid
Of Stratton, the store and residence were
rented to Harris A. Glover, who had been
conducting a wall paper store in Borden
town. 1t is said lease had been executed.
Be that as it may, Glover arranged to va
cate the building he occupied in that city,
and did so on the day set. When he ar
rived here he was surprised to find that he
could not get into the other property. He
could not rent place that suited him, so
he moved into the old Masonic building on
Water street. He has been here some
time and has not been able to do do any
business and does not see his way clear to
get to work very soon, stores of sufficient
capacity, in desirable localities, being
scarce. We have not heard whether he
will bring suit for damages.