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Subject_1 BILL OF EXCHANGE.
Stewart
v.
Ewikg
1744 ,June 15 .
Case No.No. 36.
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Brew drew a bill upon Faws for L.169 sterling, payable to Busta, indorsed to Ewing, which was protested for not-acceptance, 25th November 1736, when Faws had fish in their hand, but owed no money, and therefore refused acceptance. 15th December Stewart arrested in Faw's hands, and thereafter the fish had been sent to Barcelona for Brew's account.—The price was returned to Faws, and a competition arose betwixt Ewing, as creditor in the bill, and who concluded that that was a virtual assignation to the proceeds of the fish,—and Stewart, who insisted that a bill is no assignation, though it will give action against the person drawn on, if he wrongously refused acceptance, which cannot be said of Faws. The Lords appointed memorials, but they gave us little light; but the Court nem. con. found the arrestment preferable.
The electronic version of the text was provided by the Scottish Council of Law Reporting