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. II.

Nature of a Bill.

Trotter
v.
Sheil

Date: 21 February 1738
Case No. No 7.

It cannot vitiate a bill, to stipulate what would equally follow, though it were not expressed.

Click here to view a pdf copy of this documet : PDF Copy

A bill was sustained in the following terms:

“Pay to me, or order, the sum of; and this, with my receipt, shall be a sufficient discharge of all I can ask or claim of you preceding this date;”

though it was pleaded, That the bill was null, as containing a general discharge, incongruous to the nature and form of a bill; in respect it was answered, That if the bill was the result of a count and reckoning, there could be no harm in expressing the cause of granting; and, once fixing this point, the very retiring of the bill is a general discharge of course. The rule is that it cannot vitiate a bill, to stipulate what would equally follow, though it were not expressed. See. General Discharges, &c.

Fol. Dic. v. 1. p. 95. Act. H. Murray-Kynnynmound. Alt. H. Home.