Wallis, J.

1. This is an appeal from a judgment of Mr. Justice Sankaran Nair sitting on the original side by which the plaintiff Bank recovered judgment against the assets of the minor defendant on five Promissory Notes made on the 19th and 24th July 1908 for Rs. 9,100 in all by one Lakshminarasimham acting under a power of attorney from the minors mother and natural guardian who was carrying on business under the style of Sanka Ramasami & Son. The business was a joint family business carried on by the father on behalf of himself and the minor under his own name, and on his death his interest passed by survivorship to the minor who became the sole owner. The notes were signed by K.A. Lakshminarasimham, P.P. Sanka Ramasami & Son, and were made in favour of the firm of C. Lakshmikantham & Co., of which Lakshminarasimha was the leading partner and were discounted by Cantham & Co., with the plaintiff Bank who credited them with the amount of the bills. At the time Cantham & Co. were of good credit, but indebted to Sanka Ramasami & Son in about Rs. 20,000 on a balance of accounts. Within a month they absconded and were adjudicated insolvents and the plaintiff now seeks to recover