Sithambaram Chetty V. The Kelani Valley Rubber

1922 Present : De Sampayo and Schneider J.J.

SITHAMBARAM CHETTY v. THE KELANI VALLEY
 RUBBER CO., LTD.

39-D. C. Colombo, 727.

Principal and agent-Authority of superintendent of estate to borrow money on behalf of the estate.

The superintendent of an estate as such has no authority to borrow money on behalf of his employer, or to pledge his credit, even for the purposes, of the estate, unless such authority is expressly given, or can be implied from the recognized coarse of dealing with third parties.

THE facts appear from the judgment.

Hayley, for defendant company, appellant.

R. L. Pereira (with him M. W. H. de Silva), for plaintiff, respondent.

September 7, 1922. DE SAMPAYO J.-

The plaintiff is a Chetty trader of Sea street, Colombo, having a branch establishment at Yatiyantota. The defendant is the Kelani Valley Rubber Co. and proprietor of Hathmathe estate, situated at Ruwanwella. At the time of the transactions, on account of which this action is brought, the superintendent of the estate, under the defendant company, was one E. H. Grigson, who has since been dismissed from his employment.

The plaintiff

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