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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Strachan, &c. v Ross. [1743] 1 Elchies 59 (15 February 1743)
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Subject_1 BILL OF EXCHANGE.
Strachan, &c
v.
Ross
1743 ,Feb .15 .
Case No.No. 29.
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Though one paying a bill who has no concern in it has regularly no recourse against the drawer unless he pays supra protest for his honour, yet it appearing in this case that Strachan and Lindsay, with Miln, had been in a constant course of drawing and redrawing, which Ross was employed by Strachan and Lindsay to negotiate, and that they knew that for payment of such bills paid by Ross he was in use to take Miln's draughts on them, and which they duly honoured;—therefore they adhered to the Ordinary's interlocutor, finding that Ross might charge Strachan and Lindsay with these bills.—N. B. There were other circumstances of fraud noticed in the Ordinary's interlocutor which came out rather stronger before us against Strachan and Lindsay, but could hardly influence the point of law.
The electronic version of the text was provided by the Scottish Council of Law Reporting