Bankers & Traders Insurance Co Ltd v Allied Insurance Services

• Jurisdiction: Singapore
• Judge: Choor Singh J
• Judgment Date: 11 December 1968
• Neutral Citation: [1968] SGFC 20
• Citation: [1968] SGFC 20
• Date: 11 December 1968
• Year: 1968
• Plaintiff Counsel: Lee Boon Siong (Drew & Napier)
• Docket Number: Civil Appeal No Y28 of 1968
• Defendant Counsel: JB Jeyaretnam (JB Jeyaretnam & Co)
• Court: Federal Court (Singapore)
• Published date: 19 September 2003

The plaintiffs` claim in this case is for the sum of $4,028.78 being money alleged to be payable by the defendants to the plaintiffs for money received by the defendants for the use of the plaintiffs, being the balance due in respect of insurance premiums collected by the defendants in Singapore and Malaya for and on behalf of the plaintiffs. In the alternative the plaintiffs allege that by a letter dated 14 March 1964 the defendants were appointed insurance agents for the plaintiffs and that in consideration, inter alia,of their appointment as agents, the defendants guaranteed in favour of the plaintiffs the payment of all premiums due in respect of policies issued through the defendants` said agency, and further that the sum of $4,028.78 was due to the plaintiffs from the defendants in respect of such premiums.

At the hearing of the action in the court below, the learned trial judge was asked by counsel for both parties to decide the following issue:

(1) Does the letter of appointment dated 14 March 1964 contain a guarantee?

(2) If it does, was there sufficient consideration moving from the plaintiff?

By his judgment the learned trial judge held that the letter of appointment dated 14 March 1964 did not contain a guarantee by the defendants and even if there was a guarantee there was no valuable consideration for the guarantee. It is against this judgment that the plaintiffs have brought this appeal.

It is not disputed that...