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Bombay High Court
Dolatram Dwarkadas vs The Bombay, Baroda And Central … on 12 June, 1914
Equivalent citations: (1914) 16 BOMLR 525, 25 Ind Cas 380
Author: Beaman
Bench: Beaman, Hayward


JUDGMENT

Beaman, J.

1. After having given this nice question our most careful consideration we think that in view of the recent decision of this appeal Court in Amarchand & Co. v. Ramdas (1918) 15 Bom. L.R. 890, it must be taken as settled law that a railway receipt is a mercantile document of title. That being so, we think it necessarily follows that the endorsee of such a railway receipt has sufficient interest in the goods covered by it to maintain an action of this kind. We are, therefore, of opinion that the decision of the Subordinate ‘Judge with Small Cause Court powers was not according to law. Reversing his decision upon the point just mentioned we agree with -his findings of fact, and now order that the decree be made in the plaintiff’s favour in the terms of those findings. The defendant-Company must pay all the costs.


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