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MUTTIAH CHETTY v. KARUPAIYA KANKANI


MUTTIAH CHETTY v. KARUPAIYA KANKANI.

MUTTIAH CHETTY v. KARUPAIYA KANKANI.

D. C., Kandy, 14,376.

Principal and agent-Authority of one of two agents appointed by power of attorney to carry on the business of the principal-Validity of promissory note signed by one agent.

Where an authority is given to two or more persons to do an act, the act is valid to bind the principal only when all of them concur in doing it, for the authority is construed strictly, and the power is construed to be joint and not several.

It makes no difference to the rule that the words in the power named A B and C D, " my true and lawful attorney and attorneys." Therefore a promissory note endorsed by only A B, under such a power, does not bind the principal.

ACTION on a promissory note made by one Arumugam in favour of Karupaiya Kankani, the defendant, who endorsed the same to the plaintiff.

On the back of the note appeared the following endorsement: - " Per pro V. E. K. R. Karupaiya Kankani; Suppiah. "

It appeared that Karupaiya Kankani, being about to leave the Island, signed a power of attorney in the following terms:-" I do hereby constitute and appoint V. E. K. R. Vellasamy and V. E. K

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