KING
M. V. Mahalinga Aiyar – Appellant
Versus
The Union Bank, Limited – Respondent
King, J.
1. This suit was brought in 1938 by the Union Bank, Limited, Kumbakonam, against a number of defendants of whom the case of the 1st defendant only need now be considered. It was based upon a promissory note signed by one V. E. Srinivasan on the 21st August, 1935, and signed also by the 1st defendant V. M. Mahalinga Aiyar. That promissory note is for Rs. 8,500 and both the executants bind themselves jointly and severally to pay the bank that sum with interest. The figure Rs. 8,500 is found at the top left hand corner of the promissory note and above it are the words in English, the whole of the promissory note being also in English, "security for overdraft". It is the case of the bank that at that time V. R. Srinivasan who was the managing director of the bank had an overdraft account. It was necessary for all persons having overdraft accounts to have a coobligant. The previous coobligant, Swaminatha Aiyar, had virtually become insolvent, and it was therefore necessary for V. R. Srinivasan to find some one else. He accordingly induced the 1st defendant to join with him as co-obligant in the signing of this promissory note. In 1937, V. R. Srinivasan fell upon evil day
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