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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Russell v Shaw. [1743] 1 Elchies 59 (10 June 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010059-030.html |
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Subject_1 BILL OF EXCHANGE.
Russell
v.
Shaw
1743 ,June 10 .
Case No.No. 30.
Click here to view a pdf copy of this documet : PDF Copy
A bill payable after a twelvemonth bearing expressly with the first year's interest 12 merks and a half; the question was, Whether the bill was good or not? The President thought the bill good, because of the practice of merchants, even the Bank, to add annualrent; but thought that a clause of annualrent from the term of payment would void the bill. By the President's casting vote carried to sustain the bill for the above reason; renitent. Royston, Minto, Drummore, Leven, Arniston et Mc. Strichen and Murkle did not vote.
The like done 23d July, Murray of Cherrytrees against Margaret [1auder) Laing, in which case an objection was made against two bills;—the one bore annualrent from the date without saying further,—the other bore, with annualrent from the date ay and till payment. The Ordinary had repelled the objection as to both bills, and we refused a reclaiming bill as to the first bill without answers, agreeably to our judgment 10th June last, Russell against Shaw, but ordered to be answered as to the rest. 19th June 1744, Refused the bill as to the other, in respect he owned the justice of the debt.
The electronic version of the text was provided by the Scottish Council of Law Reporting
