ANGLO-INDIA JUTE MILLS CO Vs. OMADEMULL

JUDGEMENT

(1.) This appeal arises out of a suit brought by the firm of Chandermull Serahmull and one Luchminarain Kanoria against the anglo-India Jute Mill company, Ltd., for delivery of 1,00,000 yards of Hessian cloth and damages, or the value of the foods with damages, or for Rs. 7,750 as damages for the conversion of the goods.

(2.) A decree has been passed in the plaintiff favour by fletcher, J. and from this the defendant company have appealed.

(3.) The facts are these on the 1 March 1909 the defendant company sold 3,00,000 yards of Hessian cloth and in the sold note sent to them by brokers Messrs. Janki Dass & Co., the sale was expressed to be to the brokers principals. Under the incorporated conditions payments were to be made in cash in exchange for delivery orders or on certain other specified terms which have no application in this case (paragraph 3) and delivery of the goods was to be given and taken on the terms "Ready payment against Pucca Delivery order." Three delivery orders Nos. M 1/50, M 1/51 and M 1/52 bearing the date the 2 March, 1909 were issued by the defendant company to Messrs. Janki Dass & Co. by whom they were pledged to the firm of Chandermull Serahmull to secure repayment with interest of the sum of Its. 18,000 then advanced by the plaintiff firm to Messrs. Janki Dass & Co. The plaintiff Luchminarain Kanoria was also interested in the advance. Subsequently an agreement was made between the plaintiffs and Messrs. Janki Dass & Co. under which for valuable consideration the plaintiffs gave up the delivery orders M 1/51 and M 1/52 and obtained from Messrs. Janki Dass & Co. an assignment of their equity of redemption in delivery order M 1/50 and the 1,00,000 yards of Hessian cloth represented thereby. It is on this delivery older, M 1/50 that the plaintiffs present claim is based. The defendant company resist the plaintiffs claim on the ground that they are unpaid sellers of the goods, and that they have a lien on them so long as they remain in their possession, and the price or any part of It remains unpaid.