KRISHNASWAMI NAYUDU
Joshuna B. Powers Incorporated – Appellant
Versus
Express Newspapers Ltd. – Respondent
ORDER :- These are appeals against the order of the Master dismissing the applications taken out by the 1st and 2nd defendants separately, for leave to defend but on practically the same grounds.
2. The plaintiffs belong to New York; the 1st defendant is the Express Newspapers Limited, and the 2nd defendant is the Managing Director of the 1st defendant. The plaintiffs were acting as the representatives of the 1st defendant at New York. The defendants entered into a contract with one Ben Shulman of New York for the purchase of a printing press and asked the plaintiffs, their business representatives at New York, to advance a sum of 10,000/- dollars towards the cost of the machinery. Defendants executed a promissory note in favour of the plaintiffs for 10,000/- dollars on 9-4-1947. The present suit is on that promissory note.
3. The defence as disclosed in the affidavit filed in support of the application for leave to defend is that the suit promissory note was not intended to be acted upon, that the defendants placed an order through the plaintiffs with one Ben Shulman of New York for purchase on behalf of the defendants a printing machinery valued at 1,35,000 dollars and tha
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