Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION II.

The Porteur's Action against the Person upon whom the Bill is Drawn.
Subject_3 SECT. I.

Of Bills not Accepted.

John Gordon, Merchant in Aberdeen,
v.
William Anderson, Merchant in Montrose

Date: 9 December 1712
Case No. No 79.

A person who suffered a bill drawn on him, to be protested for non-acceptance, found liable to the extent of the drawer's effects in his hands, and in mala fide to pay thereafter to the drawer.

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In a process, at the instance of John Gordon against William Anderson, for payment of L. 16: 10s. Sterling; contained in a bill drawn upon him by Samuel Chalmers, merchant in Leith, payable to the pursuer, and suffered to be protested for not acceptance:——The Lords found the defender liable to the pursuer for payment; so far as he had of the drawer's effects in his hand, at the protesting of the bill; which did sufficiently put him in mala fide to pay thereafter to the drawer; the bill being virtually an assignation to Chalmers's effects in Anderson's hand, effeiring to the sum therein; and the protest equivalent to an intimation.

Fol. Dic. v. 1. p. 97. Forbes, p. 642.