DESAI, J.

( 1 ) THIS is an appeal by a plff. whose suit for the recovery of money has been dismissed by the dist, J. of Kumaun on appeal. It was decreed by the trial Court, but the learned Dist. J. reversed the decree.

( 2 ) THERE is no dispute about the facts which, are as under. The plff. appellant, Messrs. Durga Sah mohan Lal Sah, is a firm of bankers at Ranikhet. In 1940 b Company of the Queens Royal regiment, under the command of Major Phillips, was stationed at Dulikhet. On 31-5-1940 Lt. Lockyer of the Regiment in his official capacity drew a cheque for Rs. 716-13-0 on the Imperial bank of India, Allahabad branch, payable to Major Phillips also in his official capacity, or bearer, and crossed it generally. He did not mark it as "not negotiable. " He handed over the cheque to Major Phillips who endorsed it in blank on the back and gave it to Sgt. Pettiford: with direction to take it to Lt. Mausel to pay it into the local treasury. Sgt. Pettiford, contrary to the direction and apparently dishonestly, took it on 1-7-1940 to the plff. and asked it to cash it for him. The plff. at once paid him the amount of Rs. 716-13 0 and he went away. He disappeared and when Major phillips kne