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1916 Supreme(SC) 36

AMEER ALI, SIR JOHN EDGE, LORD PARKER OF WADDINGTON, LORD ATKINSON
RAMDAS VITHALDAS DURBAR – Appellant
Versus
S. AMERCHAND & CO. – Respondent


Advocates:
Solicitors for appellants :Hughes & Sons. Solicitors for respondents: T. L. Wilson & Co.

Judgement

Consolidated Appeals from a judgment and decrees of the High Court (March 31, 1913) reversing judgments of Macleod J. and Beaman J. respectively.

The appellants were a firm of commission agents carrying on business at Bagalkote in the Bijapur district. In April, 1911, they were instructed by Chhaganlal Kalidas, who traded in cotton at Bombay, to purchase certain cotton at Bagalkote on his account, and after ginning and pressing it to deliver it to him at Bombay. The appellants were to be paid in account the purchase price together with a commission and their charges for ginning and pressing.

Law. Rep. 43 Ind. App. 164 ( 1915- 1916) Ramdas Vithaldas Durbar V. S. Amerchand & Co.

61

In July, 1911, the appellants handed to the Madras and Southern Maratha Railway Company at Bagalkote consignments of the cotton for delivery in Bombay to Chhaganlal Kalidas. The cotton was to be carried by rail to Marmagoa, and by sea by the Bombay Steam Navigation Company from Marmagoa to Bombay. In respect of each consignment the railway company issued to the appellants a receipt covering the whole transit to Bombay and in the following form —

" Receipt.

" From Bagalkote to Bombay. H. R. on B.






























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