9911796707
TMI Blog1912 (4) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... ivery, there was no valid transfer and it decreed the suit. The lower Appellate Court appears to have held that the note could have been validly transferred without endorsement by delivery of possession with intent to transfer; but it affirmed the decree on the ground that, although possession had been delivered at the time of registration, the lady did not intend to part with the property in the instrument. 2. The appeal to this Court raises two points of law. The first is as to whether a negotiable instrument such as this Government Promissory-note can be transferred at all save by endorsement and delivery of possession, as contemplated by the Negotiable Instruments Act, 1881. The answer to this question must, we think, be in the affirma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the title by giving it to another in contemplation of death. In the case of a transfer for value without endorsement, the transferee would, in Eagland, under Section 30(4) of the Bills of Exchange Act, 1882, be able to require the transferor or his representative to complete the transfer by endorsement; and elsewhere a Court of equity would doubtless compass the same end. In the case of a voluntary transfer, it is difficult to say what the exact position of the transferee would be, and it was observed by Sir Mackenzie Chalmers--see p. 144 of the work cited already--that the law requires re-consideration. But with that problem we are not here concerned, and we think that we need not consider further how a voluntary transferee could, for prac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eadings or any where else, and we cannot listen to it now. The instrument is of the simplest character, and it is in evidence that it was read over to Saudamini before she caused it to be signed, while the judgment of the first Court shows that the learned Munsif was satisfied that she was well aware of what she was doing and acted with marked deliberation. We must take it, then, that the deed was properly executed. 4. The lower Appellate Court, however, has found that "there is no proof of any delivery of possession of the note to the appellant with the intention of transferring title in the note from the endorsee to the appellant," and that, "if there was any delivery of the note at all, that delivery was in bailment only, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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