Scottish Court of Session Decisions

Subject_1 PERICULUM.
Subject_2 SECT. III.

Periculum between Mandant and Mandatary. - Postmaster, whether answerable for Money sent by Post.

Baines
v.
Turnbull

Date: 1 December 1795
Case No. No 38.

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A factor in Scotland, employed to sell goods for English merchants, was accustomed to lodge the price of the goods sold in a private banking-house, on an account in his own name, and to take from them bills drawn on their correspondent in London, payable to himself, which he indorsed and transmitted to his employers, against whom he charged two and a half per cent. commission. Upon the bankruptcy of the drawers and accepters, he was found liable for such bills as had not been paid by them, because he ought not to have taken the bills payable to himself, but directly to his constituents.

*** This case is No 76. p. 1486. voce Bill of Exchange.