Kolkata Court January 1895 Judgments

Roghoonath Misser Vs. Gobindnarain

Court: Kolkata

Reported in: (1895)ILR22Cal451

Hill, J.1. This is an action for the recovery of Rs. 2,500, the amount of a hundi together with interest and protesting charges, by the endorsees against the drawers of the hundi.2. The defendants have pleaded several matters in answer to the action, some of which relate to the performance on the plaintiffs' part of formal acts, such as the presentation of the hundi for acceptance and payment, and notice of dishonour. It was also pleaded that the plaintiffs were merely the agents of their endorsers for the purpose of collecting the amount of the hundi, and were bound accordingly by an arrangement between their endorsers and the defendants by which the former were precluded from recovering on the hundi. In addition to these pleas, it was also objected that this Court had no jurisdiction to entertain the suit.3. The contention with respect to this last point, which it is necessary to dispose of before dealing with the merits of the case, was that no part of the cause of action arose with...