Ambrose J:

Between 27 July and 23 December 1955, A Clouet & Co. (Malaya) Ltd., sold and delivered liquors to the value of $2,878.50 to the South Asia Bar & Restaurant at No. 12, Bencoolen Street, Singapore. The sum of $666 was paid to account and the balance due was $2,212.50 on 31 December 1955. The company sued Lall Singh trading as South Asia Bar & Restaurant for this amount and judgment in default of appearance was entered against him on 2 August 1956. On 11 January 1957 the judgment was set aside on the application of the company on the ground that Lall Singh was neither the proprietor nor a partner of the South Asia Bar & Restaurant.

Between 10 September and 28 December 1955, Wills Lee & Co. Ltd, a subsidiary company of A Clouet & Co. (Malaya) Ltd, sold and delivered liquors to the value of $2,314.30 to the South Asia Bar & Restaurant. Nothing was paid to account and the whole sum of $2,314.30 remained due on 31 December 1955. Wills Lee & Co. Ltd sued Lall Singh trading as South Asia Bar & Restaurant for the amount of $2,314.30 and judgment in default of appearance was entered against him on 2 August 1956. On 11 January 1957 the judgment was set aside on the application of Wills Lee & Co. Ltd for the same reason as the judgment mentioned above.

On 11 October 1956, Wills Lee & Co. Ltd assigned the debt due to it from the South Asia Bar & Restaurant to A Clouet & Co. (Malaya) Ltd, and gave notice of the assignment to the South Asia Bar & Restaurant by a registered letter dated 11 October 1956.

The present suit was commenced by A Clouet & Co. (Malaya) Ltd on 8 November 1956, against "South Asia Glacier Bar, a firm, also known as South Asia Bar & Restaurant", the claim being for the two above-mentioned sums of $2,212.50 and $2,314.30.

Four partners, namely, Foo See Eng, Foo Kok Long, Ho Meng Thong and Giaw Hee Mioh commenced the business of a bar and restaurant under the business name of "South Asia Bar" at No. 12, Bencoolen Street, Singapore, on 1 January 1952. The business name was changed to "South Asia Glacier Bar" as from 10 March 1953, on which date Ho Meng Thong ceased to be a partner and Tan Siew Mee became a partner. The particulars relating to the firm of "South Asia Bar" and the above-mentioned changes were duly registered under the Business Names Ordinance, 1940. The name of "South Asia Bar & Restaurant" was not registered under that Ordinance.

There is no doubt that the plaintiff company and its subsidiary company sold and delivered the liquors in question between 27 July and 28 December 1955, to the "South Asia Bar & Restaurant" at No. 12, Bencoolen Street, Singapore. The question which Counsel for the plaintiffs company asked the Court to decide was this : who was the proprietor or who were the partners of the "South Asia Bar & Restaurant" during that period? Lee Kok Lian, who was during the material period and still is manager of the Liquors Sales Department of A Clouet & Co. (Malaya) Ltd and also of Wills Lee & Co. Ltd, went in May 1955 to No. 12, Bencoolen Street, to canvass orders for liquors. He saw the name "South Asia Bar & Restaurant" outside the premises. He saw that there was only one business being carried on on the ground floor. (The first floor was occupied by another business called "South Asia Hotel"). He saw a bar counter and tables and chairs on the ground floor. He went up to a person behind the bar counter. From him he learned that Lall Singh was in charge. He spoke to Lall Singh and Lall Singh placed an order with him for whisky. Subsequently he received further orders for liquors, averaging one a month, from Lall Singh on the premises. On other occasions, orders were placed direct by someone on behalf of the South Asia Bar & Restaurant with the Liquors Sales Departments of the plaintiff company and its subsidiary company.

Each of the delivery orders accompanying the liquors was signed by the person to whom the liquors were delivered at South Asia Bar & Restaurant. Some were