Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Forbes v Fonnereau. [1741] 1 Elchies 57 (10 July 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010057-024.html
[New search] [Printable PDF version] [Help]
Subject_1 BILL OF EXCHANGE.
Andrew Forbes
v.
Fonnereau
1741 ,July 10 .
Case No.No. 24.
Click here to view a pdf copy of this documet : PDF Copy
A merchant having sent sundry bills to his factor to negotiate, indorsed value in account, and the factor dying before he received payment or accounted, Fonnereau his creditor having confirmed the bills as in hæreditate of the factor, the question was, Whether the creditor or factor are preferable, especially that upon the faith of these indorsations the factor accepted bills drawn by the merchant but never paid them, and they returned upon the drawer? The Lords preferred Andrew the merchant, but that the executors of the factor may retain these bills for security and relief of any engagements the factor came under for Andrew the merchant.
The electronic version of the text was provided by the Scottish Council of Law Reporting