PUNCHIHAMI v. WEERARATNE.

PUNCHIHAMI v. WEERARATNE.

C. R., Galle, 3,329.

 

Partnership-Right of one partner to bind partnership property after dissolution-Right to sign the firm's name--Indorsement of promissory note by one partner after death of co-partner.

Where a promissory note made by defendant in favour of " J, C & Co.," consisting of two partners J & C, was endorsed by C in his own name after the death of J, and consequently after the dissolution of the partnership,-Held, that such endorsement to plaintiff on the part of the only surviving partner was good, and entitled plaintiff to sue the maker.

PLAINTIFF sued defendant as the maker of a promissory note in favour of one Janis de Silva and Carolis, who had traded in partnership under the name and style of Janis, Carolis &Co.

Plaintiff alleged that she was the widow of Punchihami, to whom the note was endorsed by Carolis after the death of his partner Janis. She claimed Rs. 34.37.

The Commissioner found as follows: " The note is not properly " endorsed, even if the surviving partner has power to endorse. I

?presume he has that power The promissory note is made

" in favour of ' Messrs, Janis. Ca

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