Subject_1 BILL OF EXCHANGE. Subject_2 DIVISION II.
The Porteur's Action against the Person upon whom the Bill is Drawn.
Subject_3 SECT. II.
Extraordinary Privileges of Bills.
William Herries of Haldykes, Supplicant
Date: 5 January 1745 Case No. No 98.
Although the protest be in name of an indorser, the drawer who has paid, may proceed in summary diligence in his own name.
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William Graham drew a bill on William Irvine of Whitechapel, drover, ordering him to pay the petitioner the sum of L. 120 Sterling. This being duly accepted, past, by indorsation, through different hands, the last of whom protested it for not payment.
John Tod paid it for the honour of one of the indorsers, who afterwards paid him, and was himself paid by the petitioner, upon his receipt on the protest.
William Herries, the petitioner, also drew a bill for L. 130 Sterling, payable to himself, on Thomas Bell, who accepted thereof; and this having past through the hands of several indorsees, was protested for not payment; and thereupon was paid by the petitioner to one of the intermediate indorsers, upon a receipt on the protest, the subsequent indorsations being scored. As the protests were in the name of the last indorsees, Mr Herries petitioned the Court for warrant for registration in his own name, according to their practice in such cases, particularly the case of Stark of Glasgow against Barclay of Hamburgh; and one about a year ago, Straton against Scot of Melby, see Legal Diligence.
The Lords granted warrant for registration for summar diligence against the acceptors, at the instance of the petitioner.
