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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Ritchie v James Burnet. [1777] Hailes 771 (30 July 1777) URL: http://www.bailii.org/scot/cases/ScotCS/1777/Hailes020771-0467.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BILL OF EXCHANGE.
Subject_3 Effects of an obligation to account for bills indorsed.
Date: William Ritchie
v.
James Burnet
30 July 1777 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VIII, 23; Dict. 1519.]
Gardenston. When a bill is indorsed to an onerous indorsee, no exception lies except what appears from the bill itself. Here, to the extent of L.1500, the indorsations are onerous, and it is averred that the sums made effectual do not amount to L.1500.
Covington. The indorsations were onerous, to the extent of L.1500, for the behoof of Ritchie and the others who advanced the money.
President. This done in the fair way of commerce: the indorsee is at liberty to take his payment from the best debtors.
Braxfield. If there had been a separate clear obligation for the L.1500 which could have been put in suit, I think that the indorsation would not have been good.
On the 30th July 1777, “The Lords found that the bills were indorsed for value in commerce, and therefore preferred Ritchie;” altering Lord Ankerville's interlocutor.
Act. A. Elphinston. Alt. A. Rolland. [I still suspect fraud in this case, and that Ritchie knew that the bill belonged to Yeats, not Gray.]
The electronic version of the text was provided by the Scottish Council of Law Reporting
