LAWS(BOM)-1937-12-21

MANMOHAN DAS Vs. BALDEO NARAIN TANDON

Decided On December 20, 1937
MANMOHAN DAS Appellant
V/S
BALDEO NARAIN TANDON Respondents

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff Baldeo Narain Tandon (hereinafter referred to as Tandon) against a firm called the United Provinces Aniline Dyes Company (described as " the firm " for convenience) for the recovery of Rs. 14,950 with interest. The High Court of Judicature at Allahabad, dissenting from the trial Judge, has granted a decree in favour of the plaintiff; and from that decree Manmohan Das, one of the partners of the firm, has appealed to His Majesty in Council.

(2.) The plaintiff stated that the sum of Rs. 14,950 was advanced by him as a loan to the firm by a cheque for that amount. The cheque in question was drawn by the Secretary of the Finance Board of the Congress Reception Committee, Amritsar, on August 12, 1923, in favour of another firm called Bend Brothers for the price of the work done by them for the Reception Committee. It was endorsed by two of the partners of Bond Brothers, namely, Tandon and Banerji, in favour of one Sri Kishan Das Wahal.

(3.) Now, it is common ground that Sri Kishan Das Wahal was the manager of the defendant firm, and it appears that the money payable on the cheque was received by him on behalf of the firm. The plaintiff claims that he received the cheque from his partners in Bond Brothers in part payment of the money due to him by the latter, and that he made it over to the firm as a loan.