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1915 Supreme(Mad) 313

S.AIYAR, NAPIER
Padma Krishna Chettiar Alias – Appellant
Versus
Nagamani Ammal – Respondent


JUDGMENT

Seshagiri Ayyar, J.

1. The finding in this case is that the mother of the defendant as his guardian borrowed from the plaintiff the amount sued on, and that it was spent for purposes binding on him, The question of law argued very strenuously by Mr. Bhashyam Ayyangar is that as the promissory note executed by the mother was not signed by her as guardian, she alone is liable on the note and that the decree against the defendant is wrong. He relies on the language of Section 28 of the Negotiable Instruments Act and contends that the principle which renders the agent personally liable on a contrast entered into on behalf of the principal applies to the case of guardians also. The short answer to this contention is that, a3 the Act contains no provision relating to notes signed by guardians whereas it specifically legislates for the case of agents in Section 28 and for legal representatives in Section 30, Courts should not by analogy extend these provisions to a deliberately unprovided case. The learned vakil drew our attention to Section 26 of the Bills of Exchange Act as enunciating the principle applicable by law merchant to all cases of representation. Apart from the questio




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