PUTHAN KANGANY v. PERUMAL.

PUTHAN KANGANY v. PERUMAL.

C. R., Hatton, 3,099.

Promissory note-Stamped with postage stamp.

Per Lawrie, A.C.J.-A document running as follows: " We, the undersigned, promise to pay Puthan Kangany a sum of Rs. 137, being debt on two coolies,, Kadirai and Nagamma," is a promissory note. But as it bore a postage stamp of 5 cents instead of a revenue stamp, it was held that plaintiff could not be sued upon it,

PLAINTIFF alleged in his plaint that on the 8th November. 1899, the defendants undertook or promised to pay to the plaintiff the sum of Rs. 187. being the amount of the debt due to the plaintiff from Kadirai and Nagamma, and that the defendant did not pay the same. Plaintiff filed with his plaint a document which ran as follows: -

" November 8th 1899.

" We, the undersigned, promise to pay Puthan Kangany the sum " of Rs. 137 being debt due on two coolies, Kadirai and Nagamma.

" M. H. A. Peterkin.

" W. S. Hamilton."

A 5-cent postage stamp was affixed and cancelled 8-11-99.

The defendants in their answer pleaded that plaintiff's action was not maintainable, as the document they relied upon was bad in law and of no avail. They deni

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