SHORTAGE IN FUNDS.
A GUARANTEE CASE - IMPORTANT RULING GIVEN. An important judgment was delivered by Mr Cruickshank, S.M., in a guarantee case at Invercargill on Tuesday. The treasurer of the Waikiwi. Football Club was short in Ijis funds, and, under pressure, his father guaranteed to pay £72 in order to prevent publicity. The club sued for the amount.
The Magistrate said the law was clear that agreements for the purpose of stifling criminalj prosecution were void, as tending to obstruct the course of public justice. Where securities! were obtained from relatives to cover amounts embezzled, guch securities had been set aside on the grounds that they were obtained by improper pressure and duress, and also as being agreements to stifle prosecution. A threat to prosecute was not illegal, and it was quite lawful to take security from a debtor. If the son had given the bond it would have been binding upon him.
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Hauraki Plains Gazette, Volume XXXVI, Issue 4905, 20 November 1925, Page 3
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153SHORTAGE IN FUNDS. Hauraki Plains Gazette, Volume XXXVI, Issue 4905, 20 November 1925, Page 3
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