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Narayanasami Mudaliar Vs. Lokanibalammal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1897)7MLJ220
AppellantNarayanasami Mudaliar
RespondentLokanibalammal
Cases ReferredDhondhat Narharbhat v. Atmaram Moreshvar. I.L.R.
Excerpt:
- 1. there can be no doubt that in the letter the defendant's husband merely asked for a loan of money. the letter does not amount to a promise, and no obligation would have arisen unless the addressee had consented to comply with (he request and to lend the money, acceptance on the defendant's part of the offer made in the letter was necessary before any obligation could be said to' arise, whereas if the letter were equivalent to a promissory note, it would follow that on mere proof of the writing and signature the plaintiff would.have been entitled to recover. we cannot understand how such a letter can be construed as a promissory note, or how the; request of the writer to send the letter back can make any difference. the terms of the letter in ayyanna v. nagabhooshanam i.l.r. 16 m. 283.....
Judgment:

1. There can be no doubt that in the letter the defendant's husband merely asked for a loan of money. The letter does not amount to a promise, and no obligation would have arisen unless the addressee had consented to comply with (he request and to lend the money, Acceptance on the defendant's part of the offer made in the letter was necessary before any obligation could be said to' arise, whereas if the letter were equivalent to a promissory note, it would follow that on mere proof of the writing and signature the plaintiff would.have been entitled to recover. We cannot understand how such a letter can be construed as a promissory note, or how the; request of the writer to send the letter back can make any difference. The terms of the letter in Ayyanna v. Nagabhooshanam I.L.R. 16 M. 283 are not quite the same as they are in the present case. The case more closely resembles the ease of Dhondhat Narharbhat v. Atmaram Moreshvar. I.L.R. 13 B. 659. We must reverse the decree. There must be a decree for plaintiff for the amount claimed with interest and costs throughout.


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