CLAIM FOR GUARANTEE.

Hauraki Plains Gazette, Volume XXXIV, Issue 4550, 13 April 1923, Page 2

CLAIM FOR GUARANTEE.

BEAUTIFYING SOCIETY'S ACTION. CASE ADJOURNED. At the Magistrate’s Court on Monday last the Paeroa Beautifying Society (Mr J. L. Hanna) sued John Walls, butcher, of Paeroa (Mr E. W. Porritt), for the sum of £lO. It was alleged that the defendant undertook to pay to the society the sum of £5 a vear fop two years. No payments had been made, and judgment for £lO and costs was claimed Walter J. Enticott. secretary of the. society, sworn, said the agreement produced was the original signed bj the defendant. Witness said that demands for payment had been made to defendant four or five times during the past two years, but without success.

Cross-examined by Mr Porritt. witness said that there was a minute on the society's books (produced) authorising Mr Gorrie to act as trustee for the society. There had been no resolution between Mr Gorrie and the society. / Defendant had not donated one penny towards the society’s funds, and was not nominated as a member of the society.

To Mr Hanna : Witness had had no conversation with Walls.

Mr Porritt submitted that at the time the agreement was signed by defendant he was quite willing to pay his share to the society’s funds. Since then, however, circumstances had arisen whereby the defendant .was not prepared to pay. The document had been completed since the action, had been brought. Mr Porritt contended that at the time of the incorporation of the society Mr Gorrie was not a party to the agreement. He had never signed It, thus reducing the document to merely a promise to pay —a voluntary promise by a number of public-spirited persons. None of the parties could be bound to fulfil their obligations. Mr Porritt produced legal evidence in support of his contentions.

Mr Hanna said that it was open to him to join Mr Gorrie as a plaintiff. The society had been incorporated. The society had adopted the resolution. He admitted that the society had been somewhat lax in the general practice of its agreement. The word “covenant” bad been put in the agreement with the knowledge and consent of Mr Porritt. It had’been admitted that Walls had been honourably bound, and now he sought not only to escape himself, but to. allow many others to waive their liabilities to the society; surely no,t an honourable course to pursue.

Mr Porritt submitted that the question of equity and good conscience could not apply. At this stage His Worship said he would instruct that Mr Gorrie should be joined as plaintiff, and would postpone the case until May 1.