Judgement

Appeal from a decree of the High Court (January 17, 1910) reversing a decree of Russell J. (April 13, 1909).

The suit was brought by the appellant in the High Court against the three respondents to recover Rs. 111 1,819 for money lent and advanced by the appellant to the first two respondents by means of acceptances by the appellant of hundis, or bills of exchange, drawn upon him by them. The second respondent was an insolvent, and the third was joined as official assignee.

The facts are fully stated in the judgment of their Lordships. Shortly stated they were as follows. The first and second respondents had entered into an agreement dated July 25, 1906, therein described as being for the purpose of doing business in J partnership in brown sugar from Mauritius to Hong Kong. Under this agreement each partner, after consultation, was to j buy sugar in his own name, giving to the other a delivery order ‘for half the quantity. When sufficient sugar

had been purchased it was to be shipped to Hong Kong, separate invoices for half the quantity being made out to the respondents respective Bombay houses, who were to carry through the sales at Hong Kong. Separate accounts of sales