Supreme Court · 1965 INSC 61 · Decided 9 March 1965
S. Chattanatha Karayalar v. The Central Bank of India and Others
- Court
- Supreme Court of India
- Citation
- 1965 INSC 61 · [1965] 3 S.C.R. 318
- Case number
- CIVIL APPEAL No. 405/1964
- Decided
- 9 March 1965
- Bench
- P.B. GAJENDRAGADKAR, RAGHUBAR DAYAL, V. RAMASWAMI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 92
Headnote
B Promissory Note, Letter of continuity and Hypothecation Agree­ ment-Interpretation of-Liability if as surety of co-obligant. On the basis of a promissory note and a letter of continuity executed by the appellant and respondent Nos. 2 and 3 and a hypo­ thecation agreement executed by the opened on overdraft account. in the name ·of respondent 2. In the promissory note, the appellant and respondent C Nos. 2 and 3 had "jointly and severally promised to pay" the bank or order; in the letter of continuity sent along with promissory note to the bank, the appellant,
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