JAGATDHAR NARAIN PRASAD AND GOPI LAL Vs. AMBROWN

JUDGEMENT

(1.) The plaintiffs, who are the members of a firm of merchants and agents carrying on business under the style of Messrs. Finlay, Muir & Co., Calcutta, brought the suit out of which this appeal arises to recover from defendant No. 1, Mr. Carruthers, indigo-planter, the sums of (1) Rs. 1,10,393, (2) Rs. 1,13,955, and (3) Rs. 1,75,752, total Kb. 4,00,100, said to be due on three separate accounts.

(2.) It seems that the Nyagaon Indigo Concern in the district of Monghyr originally belonged to Mr. Lawrence J. Crowdy and that he sold the same on the 8 of April 1894 by a registered deed to the defendants Mr. Carrthers and to Mr. Charles G. H. Rennie for Rs. 80,000. The sum of Re. 20,000 was paid over at the time of sale to the vendor, but the purchasers being unable then to pay the balance of Rs 60,000, executed in favour of the vendor a mortgage in the English form on the 8 April 1894, by which they agreed to pay up the balance in five instalments of Rs. 12,000 each, the first payable on the 15 January 1895 and the last on the lo January, 1899, and as security for the payment mortgaged the entire Nyagaon Indigo Concern with all properties of every sort appertaining thereto.

(3.) On the 1 February 1895 Mr. Charles G. H. Rennie died, and thereafter the whole of his interest amounting to ten-sixteenths in the Nyagaon Indigo Concern as well the Sahogra Indigo Concern in its entirety was transferred to the defendant Mr. Carruthers by a conveyance executed on the 22 February, 1892 by the Administrator-Greneral of Bengal as administrator to Mr. Rennie's estate.