1934 Present: Garvin S.P.J. and Akbar J.

KANNIAH v. MANICAM

120-D. C. Kandy, 42,815.

Promissory note-Rate of interest left blank-Insertion of rate without authority-Material alteration-Ordinance No. 25 of 1927, s. 20 (2).

The insertion of a rate of interest in a promissory note without authority is a material alteration of the note.

APPEAL from a judgment of the District Judge of Kandy.

H. V. Perera (with him E. F. N. Gratiaen), for the defendant, appellant.

Rajapakse (with him J. R. Jayawardene), for the plaintiff, respondent.

February 21, 1934. GARVIN S.P.J.-

This was an action by the payee against the maker of a promissory note. He sought to recover a sum of Rs. 300, being the principal sum due on the note, and a sum of Rs. 193.50, being the interest which he said was payable in terms of the note. The defendant filed an answer in which he took various defences, among them one being that there had been a failure of consideration. The case proceeded to trial upon the single issue: " Was there a failure of consideration on the promissory note ' A' dated January 15, 1929, for Rs. 300". Now this promissory note is in the ordinary form