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Armstrong v Armstrong

Irish Law Times Reports (Digests) Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1929
Date01 January 1929
CourtRecorder’s Court (Northern Ireland)
[Q.S., N.I.],
Armstrong
and
Armstrong

Tenancy in licensed premises determined by death - Attempted transfer -New licence - Licensing (Ireland) Act, 1902 (2 Edw. VII., c. 18), ss. 2 and 3 - Intoxicating Liquor Act (Northern Ireland), 1923 (13 14 Geo. V., c. 12), s. 9 (a) (1).

A., the licensee of certain premises used as a public-house, held same under a lease for sixty years, if she should so long live. A. died on the 25th October, 1928, having by her will purported to leave the premises, licence, and goodwill attached thereto to B. After the death of A., B. retained possession of the premises and applied to the Justices for an ad interim protection order, which was refused. C., the owner of the reversion expectant upon the determination of A.'s lease, brought proceedings in ejectment against B., and obtained judgment for possession of the premises in February, 1929, but no order was made regarding the licence which B. still retained, and which had been granted to A.for the year ending 20th September, 1929,C. accordingly applied at Quarter Sessions in March, 1929, for a new licence. B. opposed on the ground that there could not be two licences in existence for the same premises for the same period and that the...

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