Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Charles Cruickshank
v.
Mitchell

Date: 29 January 1751
Case No. No. 49.

Days of grace.

Click here to view a pdf copy of this documet : PDF Copy

A bill payable in London being duly accepted, but not paid, and being protested for not payment only on the 4th day after the term of payment, being the first day after the days of grace; the question was, whether it was duly negotiated; and as that depended on the custom of London, the Court gave a letter recommendatory to Sir John Bernard and Benjamin Longwaitt, Governors of the Royal Bank, to certify the practice of London, whereof see a copy in my MS.* They declining giving any opinion, and, 17th June 1747, we resumed the consideration of it, and found it not duly negotiated. But upon a reclaiming bill we allowed a proof of the custom of London in the case of Scots bills; and on report of that commission, 7th July, the Lords adhered,—renitente President, as I was told, for I was in the Outer House; but on a new reclaiming bill we altered, and by a great majority found recourse not barred, 7th November 1750; and on a reclaiming bill for Mitchell, and answers for Cruickshank, the Lords altered and adhered to the first interlocutor. This bill and answers are worth reading.* Vide Ramsay against Hogg, No. 31. supra. (See Dict. No. 145. p. 1576.)

* See Notes.

* Lord Elchies's Session papers were deposited in the Advocates' Library along with his MSS.