Judgement

Appeal from a judgment and decree of the Chief Court (March 26, 1914) reversing a judgment and decree of Robinson J.

The suit was instituted by the appellants against L. A. R. L. Lutchumanan Chetty, since deceased and represented by the respondents, to recover Rs. 63,122, the balance of a cash credit account and interest due from one Hashim Ebrahim.

The deceased defendant carried on business as a chetty banker and money-lender in Rangoon under the style of A. R. L. Chetty, but resided in the Presidency of Madras. The business at Rangoon was conducted by his agent Chockalingam Chetty under a power of attorney dated October 24, 1904. The material provisions of the power of attorney are set out in the judgment of their Lordships.

On May 23, 1908, the appellants opened a cash credit account with Hashim Ebrahim, taking as security a promissory note of that date payable on demand for Rs. 50;000 and interest, made by Hassum Ebrahim in favour of A. R. L. Chockalingam Chetty or order, and indorsed by Chockalingam Chetty to the appellants. On the same date Chockalingam Chetty executed in the name of A. K. L. Chockalingam Chetty an agreement guaranteeing to the appellants all sums w