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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomson v Colvill. [1749] 2 Elchies 83 (1 February 1749) URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies020083-043.html |
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Subject_1 BILL OF EXCHANGE.
Date: Thomson
v.
Colvill
1 February 1749
Case No.No. 43.
Click here to view a pdf copy of this documet : PDF Copy
Bill payable in six months being accepted 6th July 1742, but no protest or diligence on it, and 20th August 1747 indorsed in security of another bill for money then borrowed, under backbond declaring that it was in security and the indorsee not obliged to do diligence; and in 1746 the original creditor failing; the indorsee sued upon the bill, and the acceptor pleaded compensation and retention for relief of debts in which he was bound for the original creditor. We sustained the defence, notwithstanding the privilege of an onerous indorsee. (See Dict. No. 190. p. 1632.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
