TEHILRAM GIRDHARIDAS Vs. LONGIN D MELLO

JUDGEMENT

(1.) The plaintiff in this suit, a money-lender, claims to have a preferential right over all the creditors of the deceased Gabriel F. Vaz in respect of certain hypothecated property, being the press machines and other accessories of the Minto Printing Press.

(2.) The Official Assignee, a party defendant in this suit, has taken no part in it. I suppose that is because the deceased Vaz has no other assets worth troubling about than the subject- matter of the present suit.

(3.) The defendant D Mello alleges that, on the 3rd of October 1914, he put Rs. 3000 into what was thereon constituted a partnership between himself and Vaz for the working of the Minto Printing Press, He, therefore, contends that the plaintiff s claim, if in all other respects proved to be valid, must be restricted to a half share of the assets of that partnership upon a proper winding-up.