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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Straiton v Scott of Millbie. [1743] 1 Elchies 61 (16 December 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010061-033.html
Cite as: [1743] 1 Elchies 61

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[1743] 1 Elchies 61      

Subject_1 BILL OF EXCHANGE.

Straiton
v.
Scott of Millbie

1743, Dec. 16.
Case No. No. 33.

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

A bill that went through the hands of several indorsers, being at last paid supra protest for the honour of the first indorsee, who repaid him, and the indorsations were scored, the first indorsee desired that the bill might be registrate at his instance in order to summary diligence; which we granted, as we did to Patrick Crawford of Auch-names, 13th January 1736. I had another difficulty. The drawer was in Hamburgh, and it was payable in Hamburgh, and I understood that it was drawn in Hamburgh, and I doubted if it was within the words of the act 1681, which are “foreign bills from or to the realm.” And Arniston and others seemed to have the same difficulty. But upon looking at the bill, it was dated at Kirkwall in Orkney, and was clearly within the act.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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