R P KONETI NAICKER Vs. JGOPALA AYYAR

JUDGEMENT

(1.) The main question we have to determine is whether the party who signed the promissory note in question as maker is personally liable thereon. The following is a translation of the note: 12th August 1907 corresponding to 28th Audi Plavanga. Promissory note executed to you both, (1) Gopalaiyar and (2) Nagasamier, sons of Soothi Seshaiyar, residing in No. 1, Police Station lane, Madura town, by R.P. Koneti Nayudu Garu, son of Nanjundappa Nayudu Garu, agent, holding power-of-attorney from the Zamindar Dorai Rajah Avargal and residing in Vellikurichi village, Mana Madura taluk, Madura district. Amount due to you including principal and interest up to date upon settlement of account of dealings which was standing against the name of Rani Chakkani Ammal on cloths, etc.,. having been purchased ere this for the Vellikurichi palace, is Rs. 694-6-0. On demand, I promise to pay this sum of Rupees six hundred and, ninety-four and annas six with interest at Rs. 5-8-0 per cent. per mensem from this date either to you or order and shall take this back with the endorsement of payment thereon. (Signed) R.P. Koneti Nayudu. (in Telugu).

(2.) The contention for the appellant was that the Zamindar was liable on the note and not the party who signed it.

(3.) Section 28 of the Indian Act (Negotiable Instruments Act, 1881) makes the party who signs liable unless there is, on the note, an indication that he signs as agent, or that he does not intend to incur personal responsibility.