F J EUGSTER Vs. EOGAMMETER

JUDGEMENT

(1.) In this case the plaintiff sues for an account to be taken of the amount; due from the defendant to the estate of Adolph Meyer deceased and for a decree for the amount found to be due on an account being taken.

(2.) Adolph Meyer, a gentleman who I understand had business in India and interests in Switzerland, died on 1 December 1929, leaving a will dated 26 October 1927. In respect of his estate in Europe by his will he appointed two gentlemen of the name of Wegmann and Pfister as his executors, and, as his executors to administer his estate in this country, he appointed the plaintiff and defendant. On 19 March 1930 probate of the will was granted to the Indian executors.

(3.) On 22 March, 1922 the defendant had borrowed from the testator the sum of ?8000 which by his promissory note bearing that date and made at Calcutta he promised to repay to the testator with interest at the rate of 7 per cent per annum. The interest, it has not been disputed, was paid up until 31 December 1930.