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1954 Supreme(Mad) 516

BASHEER AHMED SAYEED
Home Insurance Company Limited, New York – Appellant
Versus
Ramnath and Company – Respondent


Advocates Appeared: For

Judgment :-

BASHEER AHMED SAYEED J.

These are two appeals preferred by the first and second defendants against the judgment and decree of the learned Second Additional City Civil Judge in O.S. No. 656 of 1950. The Home Insurance Co. Ltd., represented by its agents, Messrs. Volkart Brothers, happen to be the appellant in C.C.C.A. No. 88 of 1952 and the Indian Steamship Co. Ltd., Calcutta, happen to be the appellant in C.C.C.A. No. 89 of 1952

The plaintiff company, who is the respondent, brought a suit against the two appellants for directing them or either of them to pay a sum of Rs. 2, 000, being the value of the goods with interest at six per cent. per annum and for costs. The plaintiff is a registered firm, carrying on business at Madras. The first defendant in the suit is the steamship company and the second defendant is the insurance company, having their agents at Madras. In May, 1949, the plaintiff had purchased from Messrs. N. Jivanlal and Co. Ltd., Bombay, four drums of English sodium sulphide weighing 20 cwts. at Rs. 31 per cwt. and five drums of sodium hydrosulphite weighing 1, 175 1bs. at Re. 1 per 1b. Under instructions from the plaintiff, the said Jivanlal and Co. Ltd. s



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