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Scottish Court of Session Decisions >>
Seton v Dunbar of Blairie. [1679] 3 Brn 298 (23 July 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030298-0374.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Seton v. Dunbar of Blairie
Date: 23 July 1679
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Seton pursues Dunbar of Blairie for payment of a debt. Alleged,—He had accepted a precept for the debt upon Blairie's chamberlain. Replied,—Non relevat; unless he say that either 1 got payment by it, or that I accepted it in satisfaction; otherwise law presumes it, like an assignation, to have been only in corroboration. See November I673, Lauder.
My Lord Newton inclined to find, that a creditor's accepting a precept from a debtor, upon the debtor's chamberlain or mother, exonered the drawer of the precept, albeit the receiver got not payment, unless he protested it for not acceptance, or, being accepted, if he did not diligence, but suffered the acceptor, on whom it was drawn, to turn bankrupt and insolvent; and found, that in neither of these two cases could the receiver of the precept recur against the drawer; but it was presumed to be taken in satisfaction. Yet thir precepts seem not to be like the case of bills of exchange among merchants, nor to be regulated in that manner, as they are. See 17th February 1662, Wright.
