Privy Council Court March 1926 Judgments

Maneckji Pestonji Bharucha and Another Vs. Wadilal Sarabhai and Compan ...

Court: Privy Council

Viscount Dunedin, J. [1] In March, 1920, the second plaintiff in this case, Arajania, who is not a certified share-broker, and who describes himself as the sub-broker of the first plaintiff Bharucha, who is a certified share-broker, sold on the Bombay Stock Exchange to first defendant, bora, 129 shares of a Company called Alcock, Ashdown and Co., Ltd. for delivery on the 14th April, 1920. Neither of the two plaintiffs was the registered holder of any such shares. In order to make good the delivery the first plaintiff acquired the requisite number of shares in the market from various brokers, and took from these brokers blank transfers signed by the registered holders along with the corresponding certificates. These certificates and blank transfers were handed by the second plaintiff to the first defendant at 6 P.M. on the 14th April. At 8 v. M. a cheque for the sum due under the contract in favour of the first plaintiff was handed to the second plaintiff. This cheque was dishonoured on...