1. The second defendant, a Hindu widow, who is now dead, sold to the first defendant on the 31st March 1900 some property inherited by her from her husband for the sum of Rs. 15,000. Of this amount, Rs. 5,000 were left in the hands of the first defendant, who gave for it the promissory note sued on which was made payable on demand to the payee, or order, with interest at 9 annas per cent, per annum. At the same time the second defendant handed to the first defendant the letter (Exhibit IX) which runs as follows : "You will ever from the 1st of May be paying interest to me on account of the (promissory) note for Rs. 5,000 executed this day by you in my favour, the interest for every month being sent on the first of the next month. I shall take the above rupees five thousand from you after giving jivanamsam (maintenance money) to my mother-in-law, and obtaining a release bond; or I will take the said rupees five thousand after the lifetime of my mother-in-law."

2. The interest due on the promissory note was paid up to the end of October 1900. On the 25th December of that year the note was endorsed to the plaintiff, a Nattukattai Chetti, by the second defendant, the endorsement