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 >> Sir John Gordon v Lady Kinminity. [1747] 1 Elchies 62 (9 December 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Elchies010062-038.html
[New search] [Printable PDF version] [Help]
Subject_1 BILL OF EXCHANGE.
Sir John Gordon
v.
Lady Kinminity
1747 ,Dec .9 .
Case No.No. 38.
Click here to view a pdf copy of this documet : PDF Copy
In this process, the question occurred that we have so often decided so variously, Whether it is a nullity in a bill that it bears annualrent from the date? By two decisions in 1737 and 1738 such a bill was sustained.—Then there were two decisions in February 1741, where the objection was sustained, and the bill annulled:—And last of all, there were two decisions in June and July 1745, where the objection was repelled, and the bill sustained: And now again the objection was sustained, and compensation on the bill repelled. It is a great misfortune, and even a reproach to the Court, to vary so often, that the law should not be uniform whoever are the parties. I proposed to make an act of sederunt to regulate us in time coming, but it was not gone into.
The electronic version of the text was provided by the Scottish Council of Law Reporting