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1895 MarsdenLR 13

COX, LAW, LEACH
VAYNA REYNA REENA PERIA KURPEN CHITTY – Appellant
Versus
RAVENA MANA SHOONA VEERAPPA CHITTY – Respondent


Advocates:
For the plaintiff - Buckley For the defendant - NapierVAYNA REYNA REENA PERIA KURPEN CHITTY V. RAVENA MANA SHOONA VEERAPPA CHITTY

JUDGMENT

COX CJ

The Plaintiff claims on a Promissory Note for $1,500 dated 6th April, 1889, made by Tan Ke Tong Chop Kian Soon payable to the Defendant, endorsed by Defendant to Koh Sek Quee and by Koh Sek Quee endorsed to the Plaintiff. The total claim including interest is for $3,106. The Defendant denies having endorsed to Koh Sek Quee and alleges that the note was made by Tan Ke Tong for the accommodation of the Defendant and had been discharged before it came into the possession of Koh Sek Quee or the Plaintiff. Koh Sek Quee swears that about seven months ago he bought this note from Veerappa for $750, and the Plaintiff swears that he bought the note from Koh Sek Quee (who endorsed to him "sans recourse") for $1,000. Veerappa, the Defendant, has given evidence to the following effect. He says that this note, which had been given to him by Tan Ke Tong for his accommodation, was endorsed by him to the Hongkong and Shanghai Bank as security for a loan. When the note became due (i.e. in April, 1890) he gave another note for it and it was returned to him by the Bank. He placed the note with other papers in his box to which the Plaintiff Kurpen, who was then his clerk, had access.

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