Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Claud Johnston
v.
William Hogg

1747. June 28.— July 21.
Case No. No. 37.

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William M'Lean in Inverness drew bill on John M'Lean in London, L.150, to the order of William Hogg in Edinburgh, who sold and indorsed it blank to Claud Johnston, who in due time noted the bill; but instead of giving advice, took a new bill from John M'Lean on William Hogg the indorser; and John wrote him that it was for a bill in Claud Johnston's hands, without saying what bill; and William Hogg refused to accept, till he should know for what bill it was drawn, though Fairholms* suspected it might be for the bill they had purchased, and some weeks intervened before certain advice came that it was for that bill. Claud Johnston pursued Hogg for recourse; but we thought he could not upon that suspicion have recurred on William M'Lean the drawer, or have arrested his effects; and therefore sustained the defence, that there was not sufficient notice of the dishonour of this bill. Vide Stewart against Ewing, No. 36, supra, (See Dict. No. 143, p. 1570.)

* Fairholms had purchased the bill from Hogg as factors for Johnston.