1937   Present : Soertsz J.

SAMSUDEEN v. ABDUL WAHIB.

174-C. R. Panwila, 8,937.

Promissory note-Payee filling up a blank note-Rate of interest inserted without authority-Holder in due course.

The payee of a promissory note cannot be regarded as a holder in due course.

Charles Appu v. Fernando (17 N. L. R. 23) referred to.

APPEAL from a judgment of the Commissioner of Requests, Panwila.

C. E. S. Perera (with him D. Goonewardene) for plaintiff, appellant.

No appearance for defendant, respondent.

Cur. adv. vult.

June 4, 1937. SOERTSZ J.-

This was an action on a promissory note. The defence inter alia was that the note had been given to the plaintiff in blank and that he, in filling the note, inserted a rate of interest without authority and has thereby materially altered the note.

Mr. Perera relied strongly on the judgment of Pereira J. in Charles Appu v. Fernando [1 17 N.L.R.23.]. In that case it was held that " where a simple signature on a blank stamped paper is delivered, and after completion, it is negotiated to a holder in due course, it shall be valid and effectual for all purposes in his hands and he may enforce it as if it h