SADASIVAM
N. Mohamed Hussain Sahib – Appellant
Versus
Chartered Bank, Madras – Respondent
JUDGMENT :- Suit in forma pauperis to recover rupees twelve lakhs as damages from the first defendant with future interest and costs.
2. The plaintiff was a leading merchant in hides and skins in Madras with an average annual turnover of nearly rupees fifty lakhs. He possessed a very valuable, well-mechanised tannery at Vaniyambadi, and he had built up a reputation for his goods both in India and outside. He was a customer of the first defendant and he had an overdraft account with the Bank. The plaintiff had £13,599-8s to his credit in the Head Office of the first defendant Bank in London and he requested the first defendant to get the amount from the Head Office. The amount was admittedly transferred to the branch office of the Chartered Bank at Karachi by the first defendant on the instructions of the plaintiff. The plaintiff's case is that he trusted the integrity and business skill of the first defendant and constituted it as his agent with reference to his dealings with the said moneys and that the first defendant failed in the discharge of its duty in omitting to get the money transferred to Madras in spite of his several instructions from 1948 onwards. The plaintiff
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