Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 BILL.

Reynolds
v.
Syme

Date: 8 February 1774

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In a case, Reynolds against Syme, &c., with regard to the notification of the dishonour of a bill drawn from Scotland upon England; the Lords pronounced this interlocutor, (8th February 1774,):—“In respect that, by the practice of merchants, not denied by the pursuer, the dishonour of bills drawn from Scotland upon England is in use to be notified within three posts after the dishonour; therefore the Lords find, That the dishonour of the bill in question was not duly notified, and that no recourse lies thereon; sustain the defences, assoilyie the defenders, and decern.”

The dishonour had been notified by the fifth post; and it was argued, that since the posts were made daily, this was equal to what three posts were formerly : but this was disregarded; for, by three posts, the Lords understood three opportunities.

This was a question in the negotiation of a bill, before the late Act of Parliament; which, in the case of inland bills, makes a provision of fourteen days' notice after the dishonour. At the same time, the Lords were not agreed whether it was to be considered as an inland bill or a foreign bill; See Falc., Vol. II, No. 187. Lord Pitfour, on the analogy of the decision, 11, New Coll. No. 71, Smith against Guildry of Inverness, thought it an inland bill. As to this point, see Elliot against M'Kay, where it was argued, p. 9.