Trakeshwar Nath, J.

1. This letters patent appeal by the defendant is directed against the judgment in Second Appeal No. 886 of 1956 decreeing the suit of the plaintiff as was done by the trial Court and reversing the judgment and decree of the lower appellate court.

2. The facts giving rise to this appeal are shortly these. The plaintiff (Bihar State Co-operative Bank Ltd.) instituted the suit giving rise to this appeal for recovery of Rs. 1398-14-9 as the price of a bale of cotton and Rs. 32 for the expenses incurred in serving a notice. The plaintiff was a registered Society having its registered office at Patna. The defendant (The New Asiatic Insurance Co. Ltd.) also was a registered company having its registered office at New Delhi. The plaintiff used to make purchases of cloths at Bombay and distribute them through its local agents to different societies in the Stale of Bihar. According to the directions of the plaintiff, its commission agent Messrs Ganesh Narain Mahadeo. Lal of Bombay despatched one bale of cotton bearing No. 869 of "Hirjee Mill", to Messrs. Nasriganj Co-operative Development and Cane Marketing Union Ltd., Bikramganj, under Railway receipt No. 4040/4