Miller, J
[1] This case is also on all fours with Lupprian s case (L.P. Appeal No. 138.) Here as theie, the bankers promised to buy securities for the customer and failed to do so before they suspended payment, but here as there I find nothing to suggest that the purchase was not to be made out of the funds of the Bank or that any transfer of funds was effected to any kind of trust account.
[2] I would, therefore, allow the appeal with costs throughout.
Munro, J.
[3] For the reasons given in my judgment in L.P. Appeal No. 138 of 1909. I agree to the proposed order.
Abdur Rahim, J.
[4] I concur.
Official Assignee Of Madras v. Society For Promoting Christian Knowledge
(High Court Of Judicature At Madras)
No. | 16-03-1910
Advocate List
Bench
- HON'BLE MR. JUSTICE MILLER
- HON'BLE MR. JUSTICE MUNRO
- HON'BLE MR. JUSTICE ABDUR RAHIM
Eq Citations
- 6 IND. CAS. 240
- LQ/MadHC/1910/177
Head Note
LAW OF CONTRACTS — Agency — Agency by estoppel — Bankers promised to buy securities for customer — Bankers failed to do so before they suspended payment — Held, nothing to suggest that purchase was not to be made out of funds of Bank or that any transfer of funds was effected to any kind of trust account — Bankers were agents of customer
