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Scottish Court of Session Decisions >>
Gillenders v Birwhistle. [1766] Mor 12258 (17 July 1766)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/Mor2912258-006.html Cite as:
[1766] Mor 12258
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Promissory notes payable, 30th June, were indorsed 25th June, to a gentleman in the island of Lewes, with recourse, in terms of a fitted account of the same date.
The notes were transmitted by the indorsee to his agent at Edinburgh, in a letter of 26th June, and came to hand the 6th of July, but were not protested till the 13th. The debtor in the notes became bankrupt on the 23d of July.
The Lords found recourse competent, though in the case of a bill of exchange it would have been cut off by failure of negociation. But it seems to have been the opinion of the Court, that promissory notes did not require exact negociation.
Act. Lockhart, Solicitor Dundas.Alt. Macqueen.
Fol. Dic. v. 4. p. 154. Fac. Col. No 57. P. 292.
