Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
George Cockburn
Date: 8 November 1684
Click here to view a pdf copy of this documet : PDF Copy
In the case between George Cockburn, bailie of Haddington, and; —The Lords found, That a bill of exchange being drawn upon one in Holland, and protested for not payment, though it was not returned to the party-drawer for many months thereafter, yet he was obliged to accept the same back again, if he had the value in his hands, and had received the money at the giving of the bill; but that he would not be liable for exchange or re-exchange: though the bill bore upon eight days' sight to pay the sum drawn; and so it was not debito tempore to offer it back a month after it was refused, allowing a competent time to send it to Holland, and to return it again protested.
Yet it was thought, if I, upon a design to go to London, take a bill of exchange, and afterwards think fit to alter my journey, and not go, I may give back the bill to the merchant-drawer; and if he had received of me the value, he was bound to return me back my money. Others doubted of this.
