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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stewart v Ewing. [1744] 2 Elchies 81 (15 June 1744)
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Subject_1 BILL OF EXCHANGE.
Date: Stewart
v.
Ewing
15 June 1744
Case No.No. 36.
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Bill on a person who had none of the drawer's money in his hands, but had fish which he sent abroad on the drawer's account, and therefore refusing acceptance, the bill was protested. Afterwards a creditor of the drawer's arrested in the hands of the person on whom the bill was drawn, and he afterwards getting the price of the fish returned to him, a competition arose betwixt the creditor in the bill, who insisted that the bill was a virtual assignation to the price of the fish, and the posterior arrester. The Lords preferred the arrester, because the person drawn on was not bound to accept the bill when it was protested, not having then got the price of the fish. Vide Claud Johnston, No. 37, infra. (See Dict. No. 82. p. 1493.)
The electronic version of the text was provided by the Scottish Council of Law Reporting