[1711] Mor 1623
Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION V. Bills by the lapse of time lose their Privileges.
Date: Dame Elizabeth Nicolson
v.
William Morison of Prestoungrange
17 July 1711
Case No.No 181.
Found, that when an inland bill had lain over 2 or 3 years, due negotiation could not be proven by the holder's oath.
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In the action of recourse at the instance of the Lady Nicolson against Prestoungrange, for two thousand five hundred merks, contained in a bill of exchange, drawn by him payable to her, and protested for not payment, mentioned the seventh of February last, No 130. p. 1552.: The Lords found, That whatever, in the case of foreign bills, may be held a sufficient instruction, that the drawer was certiorated of his bill's being duly protested; yet in this case of an inland bill, where the possessor did not pursue recourse till two or three years after it was protested, this certioration must be instructed otherways than by the possessor's oath.
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