Sinniah Chetty V. Silva Et Al.

1929.  Present:  Dalton and Drieberg JJ.

SINNIAH CHETTY v. SILVA et al.

57-D. C. (Inty.) Colombo, 27,859.

Agency-Authority to sign cheques-Termination of authority-Burden of proof-Evidence Ordinance, s. 69.

The plaintiff sued the first defendant on cheques drawn by a person who was alleged to be defendant's agent. In obtaining leave to defend the action, the defendant filed an affidavit in which he admitted that the drawer of the cheques was his agent some time previous to the date at which the cheques were issued.

Held, that the burden of proving that the authority of the agent had terminated was upon the defendant.

PLAINTIFF sued the defendants on three cheques drawn on the Mercantile Bank of India, Kandy, for the sums of Rs. 1,500, Rs. 1,000, and Rs. 2,500, dated January 18, January 25, and January 27, 1928, respectively, and signed " V. Silva & Co., D A. Ameresekere, Manager." First defendant asked for leave to defend the action and filed an affidavit in support of the application. There he denied that he made or signed the cheques, but admitted that he carried on business under the name of V. Silva & Co., and that at

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