Judgement

Appeal from a judgment and decree of the High Court in its appellate jurisdiction (October 8, 1912) reversing a judgment and decree of Davar J. (April 11, 1912).

The suit was instituted in the High Court by the respondent against the appellant to recover Rs.50,000, the amount of a promissory note dated December 23, 1907, made by the appellant jointly with Hyderally Cassumji, Sons & Co. (hereinafter called Hyderally) and payable upon demand to the respondent or order. Under a written agreement dated August 1, 1907, the appellant had agreed to advance to Hyderally Rs. 1,50,000 for the purpose of paying off a debt due from Hyderally to the appellant. The Rs.l,50,000 were payable by three instalments of Rs.50,000 each, of which two had been paid to Hyderally, and by him paid to the appellant, and the third was not payable until January 30, 1908. The appellant in December, 1907, required Rs.50,000 to meet a hundi then falling due and asked Hyderally for repay ment of the Rs.50,000 still owing and suggested that Hyderally should arrange with the respondent to pay the remaining instalment of Rs.50,000, due under the agreement upon January 30, 1908, immediately. It was in these c