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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Watson v John Drummond. [1686] 2 Brn 89 (00 January 1686) URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn020089-0234.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Thomas Watson
v.
John Drummond
1686 .January .Click here to view a pdf copy of this documet : PDF Copy
John Drummond, factor, and Mr Jackson, of London, having, by way of a correspondence, drawn several bills upon one another, John Drummond fitted an account of debit and credit, specifying the particular bills, containing £500 of balance upon his own debit, which he subscribed, without any obligement to
pay, and sent it to Jackson: Jackson turning insolvent in a little time after, one Watson, his creditor, got the account, and pursued John Drummond for the balance. Alleged for the defender, That, since the account relates to bills as the ground of the debt, he could not be liable unless these bills were retired and satisfied; for they might have been protested for not-payment, and so come back upon the defender, as one or two have. Answered, Bills of exchange not being protested and returned debito tempore, the drawer is free; and, if the pursuer, who is a creditor to Jackson, and not master of the bills, were obliged to produce them, Drummond, by collusion with Jackson, getting him to keep up the bills though truly paid, could not be overtaken; which were absurd. And two of the bills being only protested, though all were drawn a good time since, the rest are presumed to have been satisfied; and the pursuer produces a bill, drawn by Drummond on Jackson, posterior to the fitted account, which is satisfied. Replied, Law prefixes no determined time for returning protested bills; and the intimating the protest was only necessary in case the defender had had effects in Jackson's hand, to be drawn out of it debito tempore; or to put the defender upon his guard, not to give Jackson new credit. 2. When Jackson, the bankrupt, collusively furnished the pursuer with the said account and bill, he would have furnished him with the other bills also, for clearing the balance, had they been retired and satisfied. The Lords found no process against the defender for so much of the balance as answered to the bills that were not returned to the defender, till such time as the said bills should be returned to him. Page 259, No. 919.
The electronic version of the text was provided by the Scottish Council of Law Reporting
