Sadayappa Chetty vs Lawrence – clr volume 2 page 003

In the case between the endorsee of a promissory note (plaintiff) and the makers of the note (defendants), the court addressed the issue of whether the plaintiff’s evidence was admissible to establish presentment of the note and the validity of the defence grounded in an alleged agreement with creditors involving payment to a trustee. It was held that the plaintiff neither properly proved presentment nor specially pleaded any legal excuse for non-presentment, and that the defendants’ plea—relying on an agreement for satisfaction of the debt through a trustee—was valid. The principle reaffirmed is that any excuse for non-presentment must be specially pleaded in accordance with procedural rules, and defences involving agreements with creditors are valid if properly substantiated and pleaded.