The Calcutta Law Journal Short Notes of Cases Articles and Other Matters 1st March 1905

On the next morning the bank cashier when clearing the letter-box by'some accident left the telegram lying in the box and it was not opened till the next morning the and November. [...] The plaintiff was in the habit of selling goods to the first defendant and the second defendant agreed to be responsible for the price of the goods. [...] The first defendant failed to pay and the plaintiff sued the second defendant upon the bills : Held that as the second defendant agreed to be liable for the price of the goods supplied by the plaintiff to the first defedant and endorsed the bills for that purpose he was estopped from setting up that the plaintiff was a prior endorser and he was also estopped from setting up that at the time [...] The bond on which the present suit was brought in the Small Cause Court was executed by the defendants in favour of the plaintiffs the petitioners in lieu of the decree in the other suit. [...] The agreement under which the bond was taken in lieu of the decree had not been made with the permission or sanction of the Court which passed that decree : Held (Brett and (ei& JJ.)—That the agreement such as that on which the plaintiffs based their suit was one which was not void under the provisions of section 257A of the Code of Civil Procedure.