Nagoor Pitche V. Andris Appuhamy

1930

Present: Akbar J.

NAGOOR PITCHE v. ANDRIS APPUHAMY

174-C. R. Colombo, 55,190.

Promissory note-Drawn by A in favour of B- Signature of C on back-Liability of C- Bills of Exchange Ordinance, No. 25 of 1927, s. 58.

Where a promissory note was drawn by A in favour of B, and C signed the note on the back,-

Held, that C was not liable on the note.

THIS was an action to recover a sum of Rs. 250 with interest due on a promissory note given by one Singho Appu in favour of the plaintiff. The plaint stated that the defendant had endorsed the note for valuable consideration. The defendant denied liability on the ground that he had received no consideration and that he signed the note only as a witness. The following issue among others was raised : " In the circumstances in which the note was made is the defendant liable as a joint and several maker? The Commissioner of Requests gave judgment for the plaintiff.

N. E. Weerasooria (with him Amarasinghe), for defendant, appellant.-The Commissioner has held that the appellant was not a joint-maker and is not liable as a guarantor. If so, he is not liable at all. The bill has not been

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