Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BILL OF EXCHANGE-PRESCRIPTION.
Subject_3 Bills now retain their extraordinary privileges for six years.

James Robertson and Others
v.
Charles M'Glashan

Date: 7 February 1787

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[Fac. Coll. IX. 477; Dict. 11,129.]

Justice-Clerk. The bill is drawn on M'Glashan as trustee, but it is accepted simply, and so is binding on the acceptor, although it should appear that he had no part of the trust-funds in his hands.

Braxfield. Right; but, since the statute 1772, six years are allowed for the privileges of bills: formerly the time was uncertain. Indorsation is onerous, although for payment of former debts. If the indorsee knew of payments, it was fraudulent to take the bill; not so if he only knew that there were grounds of compensation.

President. The question is, When was the bill indorsed? As the contrary is not offered to be proved, it must be presumed to have been indorsed at the time mentioned by the respondents.

On the 7th February 1787. “The Lords decerned, in terms of the conclusions of the libel;” adhering to the interlocutor of Lord Rockville.

Act. Ch. Hay. Alt. G. Ferguson.