NATESA AIYAR Vs. SATTAYA PILLAI

JUDGEMENT

(1.) THE ruling in Koneti Naicker v. Gopala Aiyar (1) 21 Ind. Cas. 417 ; 38 M. 482 ; 25 M.L.J. 425 ; 14 M.L.T. 414 is not applicable to the present case, as here the 2nd defendant has signed his name with the initials of the firm of the 1st defendant and has expressly stated in the note that the debit was to be against the firm. This is not a case of mere description of the executant as an agent in the body of the note. THE words used here exclude the application of Section 26 of the Negotiable Instruments Act (XVI of 1881), as there is sufficient indication in the note that 2nd defendant was excluding his personal liability. THE principal, the 1st defendant, has accepted his liability under the note, THE plaintiff s case that 2nd defendant was a partner of the 1st defendant was not established, there being no evidence for it we do not think the first Court meant to find any partnership.

(2.) THE Letters Patent Appeal fails and is dismissed with costs of the 1st respondent.