1914 Present: Wood Renton C.J. and De Sampayo A.J.

MOHAMADU v. AHAMADALI et al.

Promissory note Assignment-Notice of assignment in writing necessary to enable assignee to sue.

The validity of the assignment of a promissory note depends on the giving express notice in writing, and the legal right to the instrument passes only from the date of such notice. The assignee of a note cannot sue the maker without such notice.

THE facts are set out in the judgment of Wood-Renton C.J.

A. St. V. Jayewardene, for appellant.

J. W. de Silva, for respondent.

October 14, 1914. Wood Renton C.J.-

The plaintiff sues the defendant on a promissory note made by the defendant in favour of Palaniappa Chetty, and assigned by Palaniappa Chetty to the plaintiff. The learned District Judge has come, though with some hesitation, to a conclusion favorable to the plaintiff on the evidence, but, on the authority of the decision of this Court in Carpen Chetty v. Sammugan Tewer,1 has dismissed the action on the ground that no written notice of the assignment had been given by the plaintiff to the defendant. The plaintiff appeals.

C