AIR 1914 CALCUTTA 566 ::(1914) 19 Cal LJ(79) 335 ::(1914) 18 Cal WN(81) 494 ::1914 (22) Ind Cas 500 ::1914 (19) Cal LJ 335 ::1914 (18) Cal WN 494

Calcutta High Court

Hon'ble Judge(s): Carnduff, Richardson , JJ

(A) Negotiable Instruments Act (26 of 1881) , S.48, S.78— Pro-note payable to order -Delivery without endorsement to idol without consideration held neither legal transfer under the Act nor transfer of actionable claim nor gift. Transfer of Property Act (4 of 1882) , S.123, S.130— A executed a promissory note payable to one B or to her order. B handed this note over without any endorsement and without any consideration to an idol through its pujari, and, having done so, died. The shebait of the idol sued A upon the note for the amount due: Held: (1) that there was no completed legal transfer or gift of the instrument either as a negotiable instrument or as an actionable claim by B to the plaintiff or the deity whom the plaintiff represents; (2) that the procedure provided by the Negotiable Instruments Act had not been followed and there was nothing which operated as a transfer either under or outside the Transfer of Property Act; (3) that there was nothing which amounted to an equitable assignment, and the plaintiff claiming as a volunteer had no equity in respect of which he can ask the assistance of a Court of equity; (4) that therefore the suit was not maintainable by the plaintiff. (B) Negotiable Instruments Act (26 of 1....