This was a claim for rupees 99 on a promissory note dated October 31, 1910.
Mr, J. E. Salmon appeared for the pi:, and asked that interest from October 31, 1911, at twelve per cent, per annum be added to the claim.
His Honour asked if twelve per cent. were legal interest in India.
Mr. Salmon ssid that he was not sure on that point, but that was the rate agreed to by the parties i India.
Mr, Salmon said that the be tried was whether the defendant was liable for the amount. The evidence would disclose the commission of a serious criminal offence to get rid of this debt.
The defendant admitted having received the money, but stated that he had repaid the amount.
The plaintiff was called, and stated that in October, 1910, when defendant and he were in the village of Akhara in the Punjab, he advanced a sum of Rupees 99 to enable defendant to go to Shanghai. The interest was at the rate of one rupee a month, On the sth instant defendant paid $8 as interest.
Counsel produced a document re-to the lending of the money.
His Honour cid that this was also s personal covenant to pay, and the mortgage was collateral security. In India such a document would not constitute a mortgage as it did not have a stamp upon it. He pointed out that there was an endorsement on the document.
His Honour remarked that if it wore a fraudulent endorsement was a case for the Crown Advocate.
Mr. Salmon said that the document could not be set up as a mortgage, and was used in the case simply for the purpose of proving the debt.
Other witnesses were called to prove that the sum of $8 had been received on the oth instant, when the document in question was endorsed.
Defendant, sworn, stated that he! had paid the whole of the balance! on the ath instant. He had paid money at various times to the plaintiff, finding out the rate of exchange at the Post Office.
To allow of his calling wi the hearing was adjourned next day. advan Singh v. Thaker Singh.
This is a claim for $200 due on a promissory note.
His Honour adjourned the hearing until Monday in view of the absence of the Assistant Judge.
Text read from the printed page and cleaned; old type leaves the occasional error.