Lord Alness:-

This appeal is taken from a final judgment or order of the High Court of Judicature at Bombay, dated 5th April 1932 which in effect reverses a judgment or order of that Court in its ordinary original civil jurisdiction, dated 9th October 1931. The defendant in the suit in which these orders were pronounced, who is the present appellant, is a share broker in Bombay. The plaintiff in the suit, who is the present respondent, was a client of his. The principal question submitted for the decision of the Board - a question of fact-is whether a sale for the settlement of April 1920, and a purchase for the settlement of May 1920, of 500 shares of the Simplex Mills, Ltd. (hereinafter referred to as "Simplex shares") and certain resultant transactions, all of which were effected by the appellant, were transactions for which the respondent was liable to the appellant. The first Court held that the respondent was liable; the appeal Court held that he was not. On 1st December 1922, the respondent instituted the present suit against the appellant for the market value of nine shares of four mill companies in Bombay, which were said to have been handed by the respondent to the appella