Judgement

7 M.I.A. 361 ( 1857- 1860)

East India C ompany V. Andrew Robertson, John Goldingham

55

This was an appeal from a decree of the Supreme Court of Judicature at Madras, which declared the Respondent, Robertson, entitled to the repayment by the Appellants of the accumulated amount of his subscriptions to the Madras civil service annuity fund, and of interest thereon in excess of half the value of the annuity payable to the Respondent Robertson, out of the fund.

The suit was instituted by the Respondent, Robertson, against the Appellants and the other Respondents, John Goldingham, Guy Luskington Prendergast, Thomas Pycroft, Franklyn Lushington, George Ellis, Alexander John Arbuthnot, and James Duncan Sim, the managers and trustees of the Madras civil service fund. The object of the bill was to compel a refund or repayment by the Appellants, and the trustees of the fund, of the accumulated amount of the Respondent, Robertsons, subscription to the Madras civil service annuity fund, and interest in excess of half the value of the annuity payable to him out of the fund. The question turned upon the constitution and construction of certain deeds creating the Madras civil service annu