Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Scot
v.
Cockburn

1684. December.

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One Scot, who was about to go to Holland, having got a bill from one George Cockburn, upon a tailor there, dated in September, and payable on six days' sight; which bill being protested in November thereafter, for not-acceptance, Scot pursued Cockburn for another debt, who proponed compensation upon the bill;—Alleged for the defender, That the bill was protested. Answered, The suffering of the bill to be protested was occasioned through the pursuer's fault, in his delaying to present the same debito tempore. Replied, The pursuer being to carry the bill along with him from Scotland, his necessary occasion detained him in Scotland some time after the date; 2. Esto the pursuer had been in mora of presenting the bill, yet he could not be answerable for the sum therein contained, unless the defender make it appear that he had effects in the tailor's hands; for otherwise he hath no prejudice by the delay or the tailor's breaking. The Lords sustained both the replies relevant; and, the defender producing a letter from the bankrupt acknowledging his receipt of goods from him, they sustained compensation for value, in case it did appear that the pursuer was in mora of presenting the bill.

Page 36, No. 162.