Lord Phillimore. -

The contention of the appellants has been ably put before their Lordships; but in their view it fails.

In this case five Chetti families formed, in April 1902, an oral partnership at Will for the purpose of conducting a banking and money-lending business in Burma, they being themselves resident on the continent of India. The plaintiff and his children formed one of the families and it will be convenient to treat the representative held as the single party in the judgment which their Lordships are giving. He held six and a half out of ten shares. Only 30,000 rupees were paid in as capital; but it was one of the terms of the arrangement that the plaintiff should be called upon and be prepared to lend further sums at a specified rate of interest. Business was carried on by agencies and the first agent was one of the partners, the third defendant. He did not manage well and by 1907 there had been very great losses

After that time very little money-lending business was done; it gradually diminished and finally ceased, other agents being appointed, whose principal occupation was to get in the debts. The plaintiff advanced very considerable sums of money and it is obvious