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1907 Supreme(Cal) 78

Brij Coomaree – Appellant
Versus
Alma Chand – Respondent


JUDGMENT

Woodroffe, J. - This is a suit to recover the sum of Rs. 5,000 on a hundi. The Defendants' firm drew the hundi upon themselves for Rs. 5,000 payable to the Plaintiff's firm. The Plaintiff's firm sent it to Bombay. It was there sold and endorsed over to Shew Lall Mutty Lall who subsequently resold it and re-endorsed it to the Plaintiff. The Plaintiff's Bombay firm posted the hundi in an unregistered envelope to Calcutta. It was not, according to the evidence, sent by registered post, because the day upon which it was made over by Shew Lall Mutty Lall in Bombay was a Sunday and it therefore could not be sent by registered post. It appears to have been stolen in the course of the post and never reached the hands of the Plaintiff's Calcutta firm. It was, however, presented for payment to the Defendants' firm with what is undoubtedly a forged endorsement on it. The evidence goes to show that the writing purporting to be the signature of the Plaintiff's firm is not in the handwriting of any one authorised to sign the Plaintiff's firm and is not even spelt in the same manner. It also appears in the evidence that the Defendants' firm who are Madrassees are ignorant of the language

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