Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Crawfurd of Auchnames
v.
Maxwell

Date: 11 November 1737
Case No. No. 17.

To whom ought notification of dishonour to be made?

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Bill, notification of its being dishonoured to the drawer or indorser's known agent, not sufficient to give recourse against them. The Lords demurred much, whether notification to Mr Gartshore, (suppose proven) is good to give recourse against Maxwell. They for the most part agreed, that in the common case notice to the seller of a bill, or to a drawer or indorser's ordinary agent or factor, is no sufficient notification to the drawer or indorser; but the specialty, which moved several to doubt in this case was, that Gartshore continued agent between these parties till the notification; that he took a promissory note for the greatest part of the price, and had it been for the whole, notice to him would have been sufficient ad effectum to oblige him to restore the note. But we agreed, that if notice to Gartshore was sufficient, Ainslie's oath might be taken. Arniston further thought it was already sufficiently proven; and the interlocutor being before answer, thereby the first point is entire; and since we doubted of the first point, therefore we adhered.