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The Official Assignee of Madras Vs. the Society for the Propogation of the Gospel - Court Judgment

LegalCrystal Citation
SubjectBanking
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.212
AppellantThe Official Assignee of Madras
RespondentThe Society for the Propogation of the Gospel
Excerpt:
banker and customer - deposit--agreement by banker to purchase government promissory-notes--failure of bank--trust. - miller, j.1. this ease is on all fours with lupprian's case letters patent appeal no. 138 of 1909. the money was not paid in by the society for any special purpose. messrs. arbuth not and company owed the society rs. 5,009 and promised to buy for them government promissory-notes but before they did so, they suspended payment.2. here as in luppriari's case letters patent appeal no. 138 of 1909, i find nothing more than a promise to buy out of the funds of the bank the securities which the society desired to purchase.3. i think the appeal must be allowed with :costs throughout.munro, j.4. for the reasons given in my judgment in lupprian's case letters patent appeal no. 138 of 1909, i agree to the proposed order.abdur rahim, j.5. i agree.
Judgment:

Miller, J.

1. This ease is on all fours with Lupprian's case Letters Patent Appeal No. 138 of 1909. The money was not paid in by the society for any special purpose. Messrs. Arbuth not and Company owed the society Rs. 5,009 and promised to buy for them Government promissory-notes but before they did so, they suspended payment.

2. Here as in Luppriari's case Letters Patent Appeal No. 138 of 1909, I find nothing more than a promise to buy out of the funds of the Bank the securities which the society desired to purchase.

3. I think the appeal must be allowed with :costs throughout.

Munro, J.

4. For the reasons given in my judgment in Lupprian's Case Letters Patent Appeal No. 138 of 1909, I agree to the proposed order.

Abdur Rahim, J.

5. I agree.


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