(V11) 1 CLR 124

1924 June 20

 

[FISHER, C.J. AND GRIMSHAW, P.J.]

MICHAEL ERACLES MICHAELIDES

v.

MEHMED HUSSEIN HAJI OMER.

HAWALE-RELEASE OF ORIGINAL DEBTOR-MEJELLE ARTS. 649, 673, AND 680.

In this action, Plaintiff claimed an amount from the Defendant alleging that the Defendant had undertaken to pay a debt due to him (Plaintiff) by a certain Shucri. Plaintiff said ire evidence (inter alia) that he still held Shucri bound until he was paid off and that he made no entry in his books that Shucri was released from the debt.

The District Court held that a hawale had taken place and that defendant was liable.

The Defendant appealed from that judgment.

For Appellant Kakoyanni.

For Respondent H. Michaelides.

Judgment: Reversing the District Court, no hawale has taken place because plaintiff has not considered the original debtor released.

Appeal allowed with costs.

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