BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Fairholm, Merchant, v Bailie James Gordon of Ellon. [1724] Mor 1462 (1 February 1724)
URL: http://www.bailii.org/scot/cases/ScotCS/1724/Mor0401462-058.html Cite as:
[1724] Mor 1462
James Fairholm, Merchant, v. Bailie James Gordon of Ellon
Date: 1 February 1724 Case No. No 58.
Verbal intimation of a, draught found sufficient.
Click here to view a pdf copy of this documet : PDF Copy
Bailie Gordon having given a letter of credit to my Lord Duffus, upon Mr Fairholm, he, in compliance therewith, advanced the money, and took my Lord's bill upon the Bailie.
In a pursuit for the sum of the bill, at Mr Fairholm's instance, the Bailie alleged, That no formal intimation had been timeously made to him of this draught, by which neglect he had lost the fund of his relief.
It was answered for Fairholm, That he had made a verbal intimation to the Bailie much about the time the bill fell due, which, by the custom of merchants, was sufficient, and there was no need of a formal intimation; 7th January 1681, Ewing contra Burnet, Stair, v. 2. p. 828. voce Letter of Credit.
