Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Moncrieff
v.
Sir William Moncrieff

1751, Dec. 18.
Case No. No. 52.

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Sir Thomas Moncrieff in 1719 accepted a bill to Sir Hugh Moncrieff of Tippermalloch for 700 merks, payable on demand, and in 1720 wrote a letter excusing his not having paid the money and promising annualrent. Moncrieff, pursuer, got a disposition from Sir Hugh of his effects, and of this among the rest, and sued Sir William as heir to Sir Thomas only in 1746. Kilkerran the Ordinary, because of the bills having lain so long over, found it not probative. The pursuer reclaimed, and insisted on sundry circumstances to account for the taciturnity; but we adhered in effect, only varied the words, and found that action did not lie for the money. In that same process we found annual-rent due from the citation in this process, for a promissory-note of L.30 by Sir Thomas to Sir Hugh, dated in 1734, payable on demand; but this last was carried, me et aliis renitent.—particularly I think the President. In this process also Kilkerran found annual-rent due only from citation in this process on a bill for 1000 merks, accepted by Sir Thomas to Sir Hugh in January 1736, and payable on demand. The pursuer reclaimed, and insisted for annualrent from the date,—but we adhered.