Karimjee Jivanjee and Co. v Dhanjee (C.C. 47/1932 (Mombasa).)
Karimjee Jivanjee and Co. v Dhanjee (C.C. 47/1932 (Mombasa).) [1933] EACA 8 (1 January 1933)
The court found that the insertion of the words 'Payments guaranteed by me' after the defendant's endorsement constituted a material alteration of the promissory notes without the defendant's knowledge or consent. This alteration vitiated the instrument and discharged the defendant from liability as an endorser. Furthermore, the plaintiffs failed to establish a separate contract of guarantee apart from the promissory notes. As the notes were not endorsed over to holders in due course, the defendant's potential liability as an endorser never arose. The action was dismissed with costs awarded t…
Source excerpt
- Bills Of Exchange
- Material Alteration
- Endorsement Liability
- Guarantee On Promissory Note