1928 Present : Garvin and Lyall Grant JJ.

MATHERENAYAKAM v. CHELLIAH et al.

327?D. C. Colombo, 19,151.

Promissory note-Agreement to pay money on behalf of other-Within one year-Bills of Exchange Act, 1882.

Where the plaintiff sued the defendants upon a writing expressed in the following terms: -

" We the undersigned agree to pay M. the sum of Rs. 5,000 within one year from this date on account of K. V. M. and K. V. S., the late proprietors of the Pennsylvania Oil Company. This sum is due from them to us after our paying to the said M."-

Held, that the document is not a promissory note as defined by the Bills of Exchange Act of 1882.

APPEAL from an order of the District Judge of Colombo. The facts appear from the judgment.

H. V. Perera, for plaintiff, appellant.

Hayley, K.C. (with Tisseverasinghe), for defendant, respondent.

February 6, 1928, GARVIN J.-

The plaintiff sued upon a certain writing whereby the defendants undertook to pay him a sum of Rs. 5,000. Answer was filed and the plaintiff then filed a replication. Upon these pleadings several issues were framed. The parties agreed that the first two issues, which were in the