Present : De Sampayo J.  1922

CALDERA v. ZAINUDEEN.

61-C. R, Colombo, 83,491.

Money Lending Ordinance, 1918, ss. 10 and 13-Promisory note given as security for future payment-Contributions to a cheetu club- Fictitious entry in margin-

A promissory note was given as security for the future payment of contributions, which might become duo by the maker who was a member of a cheetu club. In the margin there was an entry that the capital sum borrowed was Rs. 100. The Commissioner dismissed the action, as the entry was fictitious.

Held, that as the note was not given as security for a loan, sections 10 -and 13 of the Money Lending Ordinance did not apply.

" No doubt the entry in the margin is false, bat that is not what is penalized by the Ordinance."

THE facts appear from the judgment. J. S Jayawardene, for plaintiff, appellant.

E. G. P. Jayatileke, for defendant, respondent

 July 19, 1922. DE SAMPAYO J.-

The plaintiff, who is the executor of the last will of one H. S. Caldera, sues the defendant on two promissory notes for Rs. 100 each, made by the defendant in favour of H. S. Caldera. Admittedly, the promissory notes were not given as se