Kanayalal vs Chagmal Battia - 1871 Supreme(Cal) 78

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1871 Supreme(Cal) 78

Kanayalal – Appellant
Versus
Chagmal Battia – Respondent

JUDGMENT

Markby, J. - Gave a decree for the amount claimed.

------Footnote-------

⁽¹⁾ Before Mr. Justice Markby.

The 5th May 1868.

Bhairabnath Khettri v. Jumanram Dhandaria

This was a suit on a promissory note for Rs. 5,500 under the Bills of Exchange Act The defendant obtained leave to defend, and he put in a written statement admitting that he had signed the note, but alleging that he had been forced thereto by threats and violence, and that there was no consideration for the note.

The plaintiff in his written statement stated "that on 10th November 1867, the plaintiff had in his possession 9 taxi chittis (each chitti being for five chests or lots), 4 chittis at 1,405, and 5 at 1,350, for the 11th Government opium sale, and the defendant, having called at the plaintiff's house, as he was in the habit of doing, informed the plaintiff that tazi chittis were being sold at a large profit in the market, viz., at a profit of Rs. 1,000 on each chest for the 4 chittis at 1,405; and if he should entrust him for sale on the plaintiff's account with the said 9 chittis which the defendant knew were held by the plaintiff, he would realize a large profit on them; that the plaintiff thereupon delivere

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