Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION I.

Of the Object, Nature, and Requisites of Bills.
Subject_3 SECT. I.

Money only, the proper Subject of Bills.

William Leslie, Merchant in Aberdeen,
v.
David Robertson, Younger of Gladney

Date: 16 December 1713
Case No. No 1.

Bills for fungibles found not privileged as Bills of Exchange, but held to be probative writs in re mercatoria, without the necessity of the ordinary solemnities of writer's name, witnesses, &c.

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In discussing the suspension of a charge upon a bill or precept, for delivery of some bolls of salt, at the instance of William Leslie against David Robertson—The Lords found, that salt-bills, meal-bills, or bills for the like fungibles, have not the privilege of bills of exchange for money; without prejudice to their being sustained as probative in mercatoria, without writer's name and witnesses, and the ordinary solemnities required in other writs; because bills for delivery of salt, or the like fungibles, are neither liquid in the value, nor bear the word pay, as bills of exchange for liquid sums.

Fol. Dic. v. 1. p.95. Forbes, MS. p. 13.