The Judge told the jury that the £100 had been repaid by plaintiffs, who now sued defendants for their share, which was £9 8s 2d for each name on the list, but it was stated by defendants that their signatures were obtained by misrepresentation, and that they were not liable.

Mr. W. G. Duke (Morgan and Duke) for plaintiffs, and Mr. A. J. Darnell defended.

Defendant Baldrey said he was on the committee, and in February, 1895.

The Society Needed Funds

Mr. Parker, the chairman, and Mr. French, the secretary, said they could get £100, and it was left to them to do so. At the next meeting they said they had made arrangements for the loan but it required their signatures before they could have the money. They said they had deposited their security with Mr. Heygate for the money, but that their signatures were necessary. When one of them remarked that if they signed they might be held responsible, plaintiffs said they would not be, as ample security had been given and that they alone would be responsible. The members of the committee were given to understand that their signatures were only required to show that the money was going into the society, and they would not have given their signatures if they had known that they were

To Be Held Responsible.

There were 50 or 60 members of the society, which was wound up in June, 1898.

Cross-examined, witness said he had never signed a promissory note before, and knew very little about such documents.

Defendant Ablett corroborated adding he was under the impression that he was merely signing that the society had received the money, and he signed upon the assurance of plaintiffs that he would not be called upon to pay anything.

Cross-examined: He could not say why he signed the paper; he supposed because the others signed.

Charles Sharp, a member of the committee, supported defendant’s contention, and said plaintiffs took steps to obtain the loan

Before Consulting the Members

of the society. When he was asked to sign he refused at first, saying that it looked as though he would be responsible, but Parker said that was not so, and that when any money came into a society the committee always had to sign showing that it had been received. Parker also said, “If you are responsible for this I am responsible for a fine old lot for the other society,” and it was upon the second assurance that he would not be regarded responsible that he signed it.

Mr. Duke: Why did you sign that you promised to pay if you never intended to pay?

Witness: We were told it was merely to show that the money had come into the society.

Charles Payne, another committee-man, said it was upon the statement of plaintiffs that they would not be required to pay anything that they signed the note.

The Judge: The society

Really Had The Money

Witness: Oh, yes.

The Judge: Did Parker and French get any more benefit from the transaction than you?

Witness: Not a bit.

The Judge: Do you not think that you and the others who signed the note are in honour bound, apart from the legal question, to pay?

Witness: I don’t understand you.

His honour repeated the question.

Witness said he could not understand the meaning of it and the point was not pressed.

Mr. Duke having addressed the jury.

The plaintiff, Mr. Geo. Parker, said he was president of the society at the time this money was borrowed. At the meeting previous to the note being signed the manager, Charles Allen, said he was in great difficulty, and wanted money to pay the wages. He had been to borrow money for the society before, and

The Committee Bothered Him

from eight o’clock until ten one night to go and get this £100. In consequence of their pressing him he gave way at last and said if Mr. French would go with him he would try and get the loan. Mr. Heygate said he would advance the £100 providing the whole committee signed the note and made themselves jointly responsible. He went and told them that if they signed that note they could get £100, but if they did not sign they would not get it. He had heard what defendants and their witnesses had said, and he denied their statement. If he had not got the note signed they would not have had the money. He reaped no extra benefit from the borrowing of the money; in fact, he had a great deal of

Running About For Nothing

Cross-examined, he said he could not produce any minute showing the proceedings at which he was pressed to get the loan; it was the outcome of a general conversation between them.

Edward French, insurance agent, said he was at one time minute secretary to the society. As to this loan, it was not true he and Parker undertook all the responsibility.

Charles Abbott, one of the committee men who signed the note, deposed that nothing was said to him by Parker and French as to the committee not being responsible.

The jury found in favour of plaintiffs. Judgment accordingly, at 15s a month.