Somarimull vs Bhairo Das Johury - 1871 Supreme(Cal) 52

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1871 Supreme(Cal) 52

Somarimull – Appellant
Versus
Bhairo Das Johury – Respondent

JUDGMENT

Paul, J. - The plaintiff sues as endorsee his immediate endorser, the defendant, on a bill for Rs. 2,500 drawn by Narayan Sing and Co., and accepted by Charles Nephew and Co. There was an endorsement from Narayan Sing and Co. to the defendant prior to that of the defendant to the plaintiff. The facts of the case are few, but not wholly free from doubt. The bill became due on the 3rd December 1870 which was a Saturday. On that day the plaintiff, who was the then holder (having discounted the bill), sent his jemadar, Narayan Sing, to Charles Nephew and Co. to receive payment. The jemadar arrived during business hours, but it appears the bill was taken by Mr. Alcock, and a cheque given him about the time the banks usually close on a Saturday. Having received the cheque and given a receipt, he went and found the bank closed. The defendant admits he was similarly treated, and saw the plaintiff's jemadar at the Calcutta Bank. The bank being closed, the jemadar went back to Charles Nephew and Co., and represented that the cheque had not been paid, and demanded cash. He was not paid the cash, but was advised to go away, and it was stated that the cheque would be honored on Monday.

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