Scottish Court of Session Decisions

Renwick, holder of a bill of exchange, accepted by the suspender, M'Fie, to one Freeland, having charged M'Fie thereon, the latter presented a bill of suspension without caution, on the allegation, that Renwick was not a bona fide onerous holder, which he referred to the oath of Renwick, who emitted the following deposition:—

“Compeared John Renwick, writer in Glasgow, the charger, who being solemnly sworn and interrogated, depones, that the deponent received the bill charged upon from the now deceased John Freeland, the drawer thereof, in payment of accounts and disbursements made by the deponent for and on the employment of Mr Freeland and Mr More, stationer in Glasgow: That these accounts and disbursements exceed the sum of £130 sterling. Interrogated, and desired to state specifically the value which he gave to the indorser of the bill in question, the late John Freeland, depones, That, as already deponed to, the deponent having been employed by Mr Freeland and Mr More, made disbursements and performed business for these parties, and they owe the deponent a sum exceeding the sum of £130; and the deponent adds, that he received the bill in question, and he was to apply the contents thereof when recovered to account of the payment of said account for business. Interrogated, At what date the bill in question was indorsed to the deponent? Depones, That the deponent kept no note of the date when he so received said bill, but it was during the currency of it. Interrogated, When he made the disbursements and incurred the law accounts referred to in the above answers? Depones, That it was during the years 1832, 1833, and 1834, and also during the present year. And the deponent adds, that, in so far as these accounts were not performed, the deponent held said bill as a security therefor, Mr Freeland having an interest therein, and Mr Freeland's representatives have recognised their liability for payment of said accounts along with Mr More. Interrogated, Whether he is willing to produce the accounts above referred to? Depones, That he is willing to make the productions above referred to, and he will transmit them to the commissioner in reference to this deposition: That he will also produce, along with these, a letter from Mr Freeland's representatives, renouncing any interest in said bill. Interrogated, and desired to state distinctly the money or other value he gave to Mr Freeland at the time said bill was indorsed by that person to the deponent, and also what accounts, if any, were due by Mr Freeland to him at that date? Depones, That he paid no money to Mr Freeland, and he refers to the accounts themselves, which were expressly performed on the joint employment of More and Freeland, these parties being creditors of M'Fie's the suspender, and interested in the business performed by the deponent. The accounts and letters above referred to are now produced, and docqueted and signed by the deponent, commissioner, and clerk, of this date, as relative hereto, said accounts being seven in number. And being farther interrogated. Whether said accounts are entered in the deponent's books as they now appear? Depones, That he believes they are. Interrogated, Whether the deponent, as agent for the said John More, in a correspondence with the suspender and his agent, lately claimed a right on behalf of Mr More, to sell certain property held by him, More, belonging to the suspender, for said accounts? Depones, That the deponent considers said interrogatory irrelevant, and therefore declines to answer the same. Interrogated, Whether, at the time said bill was indorsed to the deponent, he had any account against the said John Freeland for law charges or disbursements entered in his books? Depones, That the accounts before mentioned were not entered in deponent's books in Mr Freeland's name, but the deponent considered him liable for payment of the same, he having agreed to bear the expense, along with Mr More, as before deponed to: That, besides these accounts, there was due to Mr George Gordon, solicitor before the supreme court, the deponent's Edinburgh agent, the sum of £17 for a suspension, More against Girvan, and reduction, Scouller against M'Fie and More, for payment of which the deponent was liable. Interrogated, and desired to explain how said bill could be indorsed to the deponent, in payment of law accounts for business not performed at the time? Depones, That the bill was indorsed in payment of the accounts due at the time; and, as already deponed to, as a security for whatever other business the deponent might do with regard to the property referred to in the accounts. Interrogated, Whether he knows that Mr Freeland died about a twelvemonth ago? Depones, That he knows Mr Freeland is dead, but he thinks that it is not more than six months since he died. Interrogated, Whether he has any written mandate from Mr Freeland authorizing the performance of business which he, the deponent, has not charged against him, as employed in the accounts produced? Depones, That he has not; but that he reported the proceedings as they went along, both to Mr Freeland and Mr More. Interrogated, If there was any agreement or understanding between him, Mr Freeland, and Mr More, that the contents of the bill in question, if recovered by the deponent, were to be paid to Mr Freeland or to Mr More? Depones, That there was not. Interrogated, Whether the deponent means to state, that the late Mr Freeland indorsed the bill in question to him, while law proceedings were going on, in name of More, without any prospect or understanding that the deponent was to account to him, as his agent, for the proceeds of the bill in question, if recovered? Depones, That the bill was indorsed to the deponent under the circumstances above deponed to; and Mr Freeland, the deponent understood, was to receive payment from M'Fie, when the proceedings were closed of a debt due by M'Fie to him. Interrogated, Whether it consists with the deponent's knowledge, that Mr Freeland ever preferred any other claim against the suspender, than was contained in the bill in question? Depones, That he does not know any thing farther of the transactions betwixt M'Fie and Freeland, than that the bill in question was for lent cash, and whether M'Fie owed Freeland any other sum, he cannot tell.”

On advising this deposition, the Lord Ordinary passed the bill, adding the subjoined note. ^*

Renwick having reclaimed.