Subject_1 BILL OF EXCHANGE. Subject_2 DIVISION IV.
Possessor's recourse against the Drawer and Indorser.
Subject_3 SECT. II.
Negotiation of Bill.
Andrew Jamieson v. Gillespies
Date: 28 June 1749 Case No. No 146.
Found, that a bill need not be presented for acceptance, and protested for non-acceptance, till the last day of grace.
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William Scott drover, drew on John Scoon of whitlawside, drover, 21st February 1745. for L. 80 Sterling, payable 18th May next, to Thomas Gillespie, at Mr William Highmore's in London, which was indorsed to John Gillespie; by him to Andrew Jamieson, merchant in Edinburgh; and by him to Claud Johnston, by whom it was protested for not payment 21st May and re-indorsed to Andrew Jamieson.
Mr Jamieson pursued the Gillespies for recourse; who made answer, that the bill was not duly negotiated, being only protested for not payment; whereas it ought to have been presented for acceptance; and if that was not done, protested for the failure.
The Lord Ordinary, 20th January 1748, found, That the bill not having been presented for acceptance on or before the day of payment, nor earlier than the last day of grace, when once for all it was protested for not payment, the bill was not duly negotiated; and that no recourse lay against drawer or indorsers.'
On a petition, pleading a distinction betwixt a bill payable at a certain time after sight, which behoved to be presented for acceptance, and one due at a day, which needed not; and answers.
The Lords having taken the opinion of merchants at London and Edinburgh, who agreed that the diligence was regular; and one of whom founded his opinion upon its being a bill on a drover, who seldom came to town, and could not be found to present it to him;
Found no necessity that the bill should have been presented for acceptance. See No 83. p. 1494.
Act. A. Macdouall.Alt. Lockhart.Clerk, Gibson..
Fol. Dic. v. 3. p. 83. D. Falconer, v. 2. No 75. p. 81.
