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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Gordon v Sir Harry Innes. [1740] 2 Elchies 49 (16 January 1740)
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Cite as: [1740] 2 Elchies 49
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[1740] 2 Elchies 49
Subject_1 ARRESTMENT.
Sir Robert Gordon
v.
Sir Harry Innes
1740 .January 16 .—February 13 .
Case No.No. 14.
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A Merchant having drawn bills on his correspondent at London, payable to two persons for the behoof of Falconer, and who immediately indorsed them to him, and which Falconer was to pay or account for the value to the drawer upon their being honoured; Falconer sent the bills to his correspondent at London to negotiate, and they were duly honoured; but before Falconer had advice of their being honoured, and even before they fell due, a creditor of the drawer's arrested in Falconer's hands; and in a competition with the drawer's other creditors, the Lords found the sums in the bills duly affected by the said arrestment, and preferred that arrestment used when the money of these bills had not come to Falconer's hands, and consequently when he was not debtor (as was alleged) to the drawer, to arrestments used after the bills were honoured. (See Dict. No. 51. p. 715.)
The electronic version of the text was provided by the Scottish Council of Law Reporting