SUKHLALL CHANDANMULL Vs. EASTERN BANK, LTD

JUDGEMENT

(1.) This is an appeal by the defendants from the judgment of Chaudhuri J., by which he gave judgment for the plaintiffs in respect of the amount of certain bills of exchange and interest.

(2.) The plaintiff Bank is a company incorporated under the English Companies Acts and has a branch office in Calcutta, and the defendants carry on business in Calcutta.

(3.) The bills sued on were 20 in number, 19 were drawn by the defendants to the order of themselves upon Messrs. W.F. Malcolm & Co., London, and were payable three months after sight, and one bill was drawn by the defendants to the order of themselves upon Messrs. C.J. Hambro & Son, London, six months after sight. The bills were drawn against bales of jute which were shipped before the outbreak of war, but the goods were carried in ships and were destined to ports, which, it was assumed on the hearing of the appeal, became after the outbreak of war on the 4th August, 1914, enemy ships and enemy ports and the goods were covered by German policies.