9911796707
TMI Blog1901 (6) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... Rangoon, 11th September 1899. ₹ 1,27,820. On demand we, the undersigned Kong Yee Lone Co., promise to pay to Messrs. Robert Sutherland Co., or order, the sum of rupees one lac twenty-seven thousand and eight hundred and twenty only for value received in difference on rice. (Signed in Chinese character.) Kong Yee Lone Co. (in English). Note.--The translation of the above Chinese character is-- 'Kwong Ship Loang.' Rangoon, 11th September 1899. ₹ 5,198-1. On demand we, the undersigned Kong Yee Lone Co., promise to pay to Messrs. Robert Sutherland Co., or order, the sum of rupees five thousand one hundred and ninety-eight and anna one only for value received in brokerage. (Signed in Chinese character.) Kong Yee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Danckwerts urged that there is a difference between the expression gaming and wagering used in the English statute and in the earlier Indian Act, XXI of 1848, and the expression by way of wager used in the present Indian Act. Their Lordships are unable to perceive the distinction. Two parties may enter into a formal contract for the sale and purchase of goods at a given price, and for their delivery at a given time. But, if the circumstances are such as to warrant the legal inference that they never intended any actual transfer of goods at all, but only to pay or receive money between one another according as the market price of the goods should vary from the contract price at the given time, that is not a commercial transaction, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... econd class, viz., for rice from the defendants' mill. All were duly fulfilled by delivery and payment. 9. Contracts of the first class are very different both in their character and in the treatment of them by the parties. The plaintiff's clerk, Sitaram, produced an account (Exhibit I) showing the dealings which took place between the parties from January 1898 to August 1899. They are very large, considerably exceeding half a million of bags. The witness was asked to mark the items for which the rice had been delivered. The items so marked (see Exhibit I. 1) consist of the 22,250 bags which fell under the contracts mentioned as of the second class, and 5,000 more, which are the subject of other contracts made subsequently to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he second class of contract. As to the other 5,000 delivered, it is not shown that they were under the first class. For all that appears there has not been delivery of a single bag under the first class. Daring seven weeks in June, July, and August 1889 were made the contracts on which the notes in suit are founded. They are the last seven items in Exhibit I. They appear to be for 199,000 bags at various prices, aggregating upwards of 5 crores of rupees. The latest delivery was to be on the 7th October. 12. Now the output of the firm itself would not be much ever 60,000 bags during the currency of the contracts; and they had dealings with other persons besides the plaintiff. The capital of the firm as stated was a trifle more than a lac ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
