REGUNA NAGENDRAN CHETTY Vs. KUPPUSAMI AIYEN

JUDGEMENT

(1.) THE only ground taken by Mr. Sen in arguing this application for review is that the case of Gilbertson & co. v. Anderson & Coltman 18 T.L.R. 224.is an authority to show that we were mistaken in holding that the delivery order in this case was a document of title to the goods to which it relates. But the case cited has no application to the present case because the goods in that case were never in existence and naturally a delivery order in respect of goods which are not in existence cannot be a document of title to any goods. In that case it was held that a subsequent endorsee of the delivery order could not sue the maker for shortage and that the delivery order did not amount to a warranty by the maker that the goods were in existence. In the present case the goods were in existence had been ascertained, and were the property of Naina in the custody of the defendant Rowther. THE delivery order is made by rowther on himself to deliver to Naina or bearer and 16 was not disputed that such a delivery order passes from hand to hand in the trade and is taken to represent the goods. THE application is dismissed.