CLAIM ON GUARANTEE
SUPREME COURT ACTION. An interesting point was the subject of legal argument before Mr. Justice Herdman yesterday afternoon, when Bond and Bond. Limited, merchants, of Auckland (Mr. Tuck), sought to recover from Henry Rothery, contractor, of Te Kuiti (Mr. Indcr), the. sum of £104 11/. It was explained that the defendant had been guarantor to Frederick Cuthbert Foley and Thomas Andrew Keidy, grocers, who had been supplied with goods by the plaintiffs. Foley and Keidy had called a meeting of creditors and made an assignment of their assets, which had been accepted by the creditors. Mr. Incler contended that the acceptance of the assignment by the plaintiffs was a release of the liability of Rothery. If that were not so, then the plaintiffs could not claim the amount of the guarantee until the assets had been disposed of, and then the claim could only be for the difference between the amount the assets realised and the guarantee. Decision ,\vas reserved.
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Auckland Star, Volume LXVI, Issue 49, 27 February 1935, Page 9
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163CLAIM ON GUARANTEE Auckland Star, Volume LXVI, Issue 49, 27 February 1935, Page 9
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