BALDEO PARSHAD SAHU Vs. ABMILLER

JUDGEMENT

(1.) The suit out of which this appeal arises was brought by the plaintiffs to recover the sum of Rs. 14,000, the price of certain indigo-cakes and interest thereon at 12 per cent. per annum from the 12 March 1898 to the 2 April, 1900, amounting to Rs. 3,458. The plaintiffs, Babu Baldeo Parshad Shahu and others, are the members of a firm of money-lenders in the town of Mozufferpore. Defendant No. 1 is the Official Assignee in charge of the bankrupt estate of Messrs. Moran & Co., late merchants in Calcutta. Defendants Nos. 2, 3 and 4 are members of that firm, and defendant No. 5 is Mr. Robert Wilson, the late proprietor of Jaintpoor, alias Pupri, Indigo Factory in the district of Mozufferpore.

(2.) In order to carry on the business of the factory Mr. Wilson borrowed at various times sums of money from Chowdhry Mahadeo Pershad, and on the 22 September, 1891 he executed two mortgages of the factory, its outworks and produce, in favour I of Chowdhry Mahadeo Pershad to cover the debt then outstanding due to him, which amounts to nearly two lacs of rupees. I Afterwards Chowdhry Mahadeo Pershad sued Mr. Wilson on the, two mortgage bonds in two suits, numbered 147 and 148 of 1893, in the Court of the Subordinate Judge of Mozufferpore and obtained decrees, and on the 3 November 1896 he assigned his interest in those two decrees over to Messrs. Moran & Co. The decrees were in accordance with the terms of the mortgage bond.

(3.) On the 14 March 1896, the 14 August 1896 and 9 October 1896, Mr. Robert Wilson borrowed the sums of Rs. 6,000, Rs. 3,000 and Rs. 10,000 from the present plaintiffs for the purpose of carrying on the work of the factory, and as security hypothecated under three mortgage bonds of those dates the indigo-cakes, which might be manufactured in 1895 and 1896 and in 1896 and 1897 On the 4 November 1897 Mr. Wilson is alleged by the plaintiff to have made over to their servant 96 maunds 4 seers 7 chitak of indigo-cakes, being those produced in the season 1896-1897.