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Colonial Cases

Maung Tha Hnyeen v. Moung Pann Nyo, 1890

[debt recovery]

Maung Tha Hnyeen v. Moung Pann Nyo

Judicial Committee of the Privy Council
July 1890
Source: The Times, 9 July, 1890

(Present - Lord Hobhouse, Lord Macnaghten, Lord Lindley, Sir Richard Couch, and Sir Henry Strong.)
  The was an appeal from a judgment of the Special Court of Lower Burma, sitting at Rangoon, of April 28, 1899, whereby a decision of the Judge of Moulmein was upheld and the appellant's suit was dismissed with costs.
  Mr. Haldane, Q.C., Mr. Lowis and Mr. J. W. McCarthy appeared for the appellant; Mr. Herbert Cowell for the respondent.
  The appellant. Moung Tha Hnyeen, is a moneylender and timber trader at Moulmein in Burma and, as plaintiff, brought suit against Moung Pan Nyo, the respondent, the main question to be decided in the case being whether the defendant was entitled to be credited in account with the plaintiff with two sums of 21,350 rupees and 8,200 rupees. That turned upon the point whether the sums of money sued for which would admittedly otherwise be due and payable by the defendant to the plaintiff were to be taken as having been discharged by virtue of an agreement alleged  by the defendant to have been entered into  between him and the plaintiff, whereby the proceeds  of the sale of certain logs of teak sent down from the Siamese forests to the plaintiff by one Ko Pa Thaw were alleged to have been appropriated on his part in discharge of the plaintiff's claim. Both Courts below decided against the plaintiff's demand.
  At the closed of the arguments for the appellant on Friday, the learned counsel for the respondent was not called on, and
  Lord Hobhouse intimated that their Lordships would humbly advise her Majesty to affirm the judgment of the Special Court, and to dismiss the appeal with costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School