Varadachariar, J.

1. The appellant, a marwari banker at Coonoor, sued for recovery of a sum of money representing the balance due under a running account of advances and dealings between himself and the second defendant, when the latter was in management of an estate known as the High Field Estate near Coonoor. The plaint prayed for a decree not only against the second defendant but also against defendants 1 and 3 and against the estate of W.M. Miller, the deceased father of the first defendant and the husband of the third. It is difficult to understand the ground on which the third defendant was sought to be made liable, and as the lower Court exonerated her and that part of the decision has not been appealed against, it is unnecessary to refer to that part of the claim any further. The suit was decreed as against the second defendant, but dismissed as against the first. The second defendant has allowed the decree against him to become final. The plaintiff has appealed against so much of the lower Courts decree as dismissed the claim against the first defendant.

2. W.M. Miller was the last owner of the High Field Estate and he bequeathed it to the first defendant and certain ot