Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION III.

Acceptor's Recourse against the Drawer.

Janet Cunningham, Daughter to the deceased Alexander Cunningham, Writer to the Signet,
v.
James Agnew, Merchant in Edinburgh

Date: 4 July 1711
Case No. No 114.

An acceptor paid a bill drawn upon him, payable to a third party, without bearing value in his hands. The Lords allowed his heir action of recourse for reimbursement.

Click here to view a pdf copy of this documet : PDF Copy

Alexander Cunningham having paid a bill of L. 9: 10s. halfpenny Sterling to Gavin Thomson, drawn upon him by James Agnew, and not bearing value in Cunningham's hand; the Lords sustained action of recourse to Janet Cunningham, as representing Alexander her father, against the drawer, for re-imbursement: Notwithstanding that the defender offered to prove, by his own account-book, that Alexander Cunningham had accepted the said bill for the price of the merchant goods taken off by him from the defender, and was content to give his oath of verity in supplement of the count-book; and cited Gail Observ. lib. 2. cap. 20. Voet. Comment. in Pandect tit. de Fide Instrum. § 12. Huber. Prælect. Ibid. where merchant books are said to be fully probative, if confirmed either by the oath or death of the merchant: For the Lords found, That the defender's count-book having been irregularly kept, is not probative; and refused to allow the same to be adminiculated by his oath.

Fol. Dic. v. 1. p. 99. Forbes, p. 516.