Alfred Henry Lionel Leach, C.J.

1. This appeal has been placed before a Full Bench of five judges as its decision calls for the settlement of a conflict which exists in the decisions of Koneti Naicker v. Gopala Aiyar (1913)25MLJ425 and Satyanarayana v. Mallayya (1934) 68 M.L.J. 540 : I.L.R. 58 Mad. 735 each of which was decided by a Full Bench of three Judges of this Court. Stated broadly the question is whether the Court can look into the surrounding circumstances when deciding whether the maker of a promissory note has executed it as the agent or the representative of another. In Koneti Naicker v. Gopala Aiyar (1913)25MLJ425 , the Court held that the surrounding circumstances could not be inquired into. The question of liability could only be decided on the reading of the instrument. In Satyanarayana v. Mallayya (1934) 68 M.L.J. 540 : I.L.R. 58 Mad. 735 , it was, however, said that one could look at all the surrounding circumstances in inferring the intention of the maker.

2. The appeal arises out of a suit filed by the appellant to recover the amount due on a promissory note of which he was the holder. The promissory note was executed by the second respondent, who is the h