1906 (11) TMI 1

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....and towards satisfaction of the liability he assigned the benefits of this contract with the defendant which I have mentioned. 4. In the course of the plaintiff's evidence Mr. Jardine, his counsel, tendered the following document (the one which is impounded). 5. The principal portion and the principal subject matter of this document is this. It is a Gujarati contract called a sale of a number of gunny bags by the defendant to this man Sharifbhoy and there are a large number of conditions which are in print upon the document but to which for the purpose of this argument it is not necessary for me to refer. The important part of the document, however, runs as follows :- In the translation it is to be found in red ink at the end of the....

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....that this assignment is a "mercantile document of title to goods" falling under Clause (b) of article 62 of the Stamp Act. 9. Now it appears to me that the first question to decide is what is the effect of this document; and, I confess, although at one time I was inclined to accede to Mr. Jardine's argument, I do not see the answer to Mr. Lowndes' argument which runs thus :-The plaintiff is suing as an assignee of the benefit of the contract and the document in question is an assignment of a chose in action which must be in writing under the Transfer of Property Act. It is not an agreement for the sale of goods at all. 10. Now it appears to me that when you consider what assignments of choses in action are, that argument is correc....