Subject_1 BILL OF EXCHANGE. Subject_2 DIVISION IV.
Possessor's recourse against the Drawer and Indorser.
Subject_3 SECT. II.
Negotiation of Bill.
George Charles v. James Skirving, and Others
Date: 2 July 1788 Case No. No 172.
A bill of exchange cannot be protested against the acceptor on the day of payment.
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George Charles obtained from a debtor of his, a bill of exchange, payable one day after date; and, on the day of payment, the debtor being confessedly unable to pay, he took a protest against him for not payment, and thereupon used arrestments, the validity of which was afterwards called in question by James Skirving and the other creditors of the bankrupt.
The Lords Seemed to be of opinion, that if the protest had been taken on the day after, though within the days of grace, it would have been Sufficiently regular. But this not being the case,
‘The Lords Sustained the objection to the arrestment, that the bill of exchange on which it was founded, was protested on the same day on which it became due.’
Lord Ordinary, Hailes.Act. Cha. Brown.Alt. Maconochie.Clerk, Home.
Fol. Dic. v. 3. p. 84. Fac. Col. No 27. p. 44.
