High CourtsSingle Bench(1909) 02 MAD CK 0017

Vindamuri Guramma vs Kamalla Basavudu

Madras High Court · Decided on 11 February 1909 · Citation: 1 Ind. Cas. 621

HON’BLE JUDGES
Munro, J

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Judgment

6 paragraphs · 133 words

Munro, J.—The presumption is that the pro-note was made for consideration and as the defendants have not rebutted the presumption, as

the District Munsif finds, the result is that the pro-note must be taken to be supported by consideration. It is payable to the payee on his order. The

payee was, therefore, a holder in due course. He transferred it to the plaintiff who, by the transfer acquired his rights. Vide Section 53 of the

Negotiable instruments Act. The decree is, therefore, reversed, and the plaintiff will have a decree with costs throughout for Rs. 145-3-3 with

interest on the principal at 15 per cent per annum from date of suit till this date and further interest on the aggregate thus adjudged at 6 per cent per

annum from this date till payment.