Adappa Chettiar V. Isadeen Et Al.,

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

ADAPPA CHETTIAR v. ISADEEN et al.

284-D. C. Colombo, 44,669.

    Promissory note-Note delivered to the payee-Third party signs at back to accept liability as endorser-Payee's authority to fill note to secure endorser's liability-Bills of Exchange Ordinance, No. 25 of 1927, ss. 20 (1) and 56.

A promissory note was drawn in favour of a payee and delivered to him. Thereafter a third party put his signature at the back, intending to make himself liable as an endorser, and the payee placed his name above the endorsement.

Held, that the payee had authority to fill in his name to secure the endorser's liability and to make the note complete and enforceable.

THIS was an action brought to recover a sum of Rs. 2,000 due on J. a promissory note payable on demand, of which the payee was S. K. R. A. A. R. Suppiahpillai, the first defendant was the maker of the note and the second defendant was sued as endorser. The second defendant who is the father of the first defendant in his answer admitted his bare signature on the back of the note and set up the defence that by doing so he has not b

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