Scottish Court of Session Decisions

Subject_1 LETTER OF CREDIT.

Goodlet of Abbotshaugh
v.
Lennox

Date: 6 December 1743
Case No. No. 2. and 3.

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Woodhead in July 1736 wrote to Abbotshaugh a letter of credit in favours of Andrew lees to sell him 100 bolls bear, and it was it seems complied with, for in June 1737 Lees wrote Abbotshaugh, excusing his not having paid the price, and therefore sub-joined his bill for the price, including interest from Candlemas, when it became due; but Abbotshaugh did not sign the draft, and died soon after; and now his heir or executor sues Woodhead for the price, and Woodhead's objection to the letter had been before repelled, that the letter was not holograph. But this day we sustained his defence, that no notice had been oiven that bear was furnished on his letter till November 1738, after Lees was broke, and adjudications against his estate, and we did not regard the circumstance that Woodhead was no merchant, since this was no doubt in re mercaloria, and upon that account the letter, though not holograph, had been sustained, and Lees was a merchant. 17th February, The Lords altered, by the President's casting vote. 6th December, Adhered.