1929. Present: Dalton J. and Maartensz A.J.

SILVA v. SOMAWATHIE.

77-D. C. Badulla, 4,524.

Money Lending Ordinance-Promissory note-Money due on account stated-Partnership business-Ordinance No. 8 of 1918, s. 2.

Where a promissory note was given on an account stated between parties who had been carrying on business together.

Held, that the provisions of section 10 of the Money Lending Ordinance have no application to the note.

APPEAL from a judgment of the District Judge of Badulla.

Plaintiff sued to recover a sum of Rs. 1,922.85 with interest due on a promissory note from the defendant, who was the widow and administratrix of the estate of the maker of the note. It was stated that the note was given by the defendant's husband after accounts had been gone into between him and the plaintiff, who carried on a business together. It was alleged that the sum was found to be due to the plaintiff when the accounts were settled. The learned District Judge gave judgment for the plaintiff.

N. K. Choksy, for defendant, appellant.-The note is unenforceable as the marginal particulars are not set forth separately and distinctly, apart from the pa