Two parties submitted a law-suit, by accepting bills to each other, which they lodged with the arbiter, to be given to the party who should be found in the right. The bills were found good, notwithstanding of their conditional nature.
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Edward Ker merchant, and Hugh Clerk ship-master, in Irvine, submitted certain differences betwixt them; which they executed, by depositing in the hands of the arbiters accepted bills to each other for L. 20 Sterling; and mutual discharges;. And thereon the arbiters, finding Ker liable in L. 13 gave up his bill to Clerk, causing him mark a payment of L. 7 on the back.
Ker suspended for this, among other reasons, That the bill was null, being granted instead of a submission; which ought to have been executed by a formal writ: Bills are allowed for the conveniency of commerce; but ought not to be sustained when they deviate from their proper nature.
Answered, A submission may be verbal; and it would have been a good way of making it effectual, to have deposited money to be disposed of by the arbiters: Bills are considered as money; so there was here no deviating from the proper nature of a bill.
The Lords found the letters orderly proceeded.
Act. Pringle.Alt. Lockhart.
Fol. Dic. v. 3. p. 74. D. Falconer, v. 2. No 199. p. 241.
