SOLOMON JACOB Vs. NATIONAL BANK OF INDIA LTD

JUDGEMENT

(1.) This is a reference by the Resident at Aden-under Section 8 of the Aden Courts Act II of 1864 for the decision of this Court upon certain questions raised by the plaintiff.

(2.) The case stated by the Resident recites the following facts:- The plaintiff in May 1915, entered into two contracts under C.I.F. terms with Messrs. P. Vella & Co. of Malta for the supply to him of 208 bags of Malta potatoes and 100 bags of Malta onions. The Company was informed by cable on the 27th July 1915, to insure the goods against war risks.

(3.) On the 10th August 1915, the plaintiff was informed by the defendant Bank that the latter held a demand draft upon him. and would deliver shipping documents to him on receipt of the goods against payment of the Bill, viz., Rs. 3,118-7-0.