Thenappa Chetty V. Veerappa Chetty

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Wendt.

THENAPPA CHETTY v. VEERAPPA CHETTY and another.

D. C, Negombo, 7, 144.

Promissory note-Agreement to give evidence in favour of a person- Illegality of consideration-Stake-holder-Recovery from stakeholder-Repudiation of unlawful agreement.

Where a promissory note was granted in consideration of an agreement entered into between the maker and the payee that the payee should give evidence in favour of the maker in a pending litigation, - Held, that the agreement was unlawful and immoral and that the note was void.

Where a promissory note made in furtherance of an unlawful agreement is deposited with a third party as stake-holder, the maker of the note has a right, before the unlawful agreement is carried out, to repudiate it and demand back the note from the stakeholder; but where the unlawful agreement has been carried out, the right to get back the note ceases. Hampden v. Walsh 1 referred to.

THE plaint alleged that the plaintiff made a promissory note in favour of the 2nd defendant for Rs. 1, 000 and handed it to the 1st defendant, who was to k

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