Lord Atkinson. -

This is an appeal from the judgment of the Supreme Court of Trinidad and Tobago, dated 24th Feb ruary 1926, dismissing with costs an ac tion brought by the appellants against the respondent upon a guarantee signed by the latter and dated 23rd March 1921, to recover the sum of $5 000, or £1,041 13s. 4d., its equivalent in sterling.

By an order of the Supreme Court, dated 21st June 1926, final leave to ap peal to His Majesty in Council was granted to the appellants.

The appellants at all material times were and are Banking Corporation regis tered in Canada with a Branch at Port of Spain, Trinidad. The respondent was and is a merchant carrying on business at Port of Spain, and at the date on which the said guarantee was given was the sole partner of the firm of Salvatori Scott and Company. Antoni Brothers at all mate rial times were a partnership firm carry ing on business, inter alia, as cocoa mer chants at Port of Spain. The firm con sisted of three brothers named Antoni and a fourth partner named Roque Antoni. This firm was distinct from Antoni Hermanous, a partnership carry ing on business in Venezuela, as was so found by His Honour Mr. Justice Adrian Clark, who tri