Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION IV.

Possessor's recourse against the Drawer and Indorser.
Subject_3 SECT. II.

Negotiation of Bill.

Irvine
v.
-

1791.
Case No. No 175.

An indorser found liable in recourse, who had certain private knowledge of the dishonour, although no regular notification.

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An action of recourse was brought against the indorser of a bill. No regular intimation of the dishonour had been given; yet, from private knowledge, the indorser could not be ignorant of the dishonour. The Lord Ordinary found him liable; which the Court confirmed, and found expences due.

Observed on the Bench: When an indorser hears nothing of a bill for some time after the term of payment, he is entitled to presume it is paid: hence, in general, without intimation, an indorser cannot be made liable; but, in the present case, the parties saw each other every day, and the whole circumstances come to be equivalent to regular intimation. The indorser knew, from circumstances, that the bill was dishonoured. In particular, he was present when the acceptor made a partial payment.

The defender was on the poors roll; but this was considered as no reason for preventing a decree against him for expences. See Poor.

(No Printed Papers.)