Senanayake V. Wijeyesekere

1929.  Present: Dalton and Maartensz JJ.

SENANAYAKE v. WIJEYESEKERE.

364-D. C, Colombo, 26,952.

Promissory note-Claim against bank-Agreement to abandon claim- Consideration.

Plaintiff, who was the customer of a bank which had suspended payment, gave a cheque for the amount lying to his credit to the defendant, who was the managing director and largest shareholder of the bank, in return for a promissory note given by the latter.

Held, that there was sufficient consideration for the note.

PLAINTIFF sued the defendant to recover a sum of Rs. 611.99 due on a promissory note. The defendant was managing director of the Bank of Colombo. He was also the largest shareholder and the largest debtor. Plaintiff was a shareholder and customer of the bank. The bank suspended payment in June, 1921, when there was a sum of Rs. 468.68 lying to the credit of

plaintiff's account. Plaintiff's case was that the defendant told him that if he abandoned his claim on the bank, the defendant . would be personally liable for it. Thereupon in return for a cheque . for the balance of plaintiff's account, the defendant gave the promissory note sued upon. De

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