Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Colonel Louthian
v.
Thomas Fairholme

Date: 1 January 1662

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Colonel Louthian against Thomas Fairholme. Mr. Williamsone having drawn a bill on Fairholme to pay L.500 Sterling to Louthian, he did neither accept nor refuse it, but sent his man to him with 1000 merks, as he alleged, in lent money. Louthian, as if he had accepted the bill of exchange, gave him a discharge or receipt in part of payment of the money contained in the bill, which Fairholme's servant brought to him from the Colonel; yet since declares he had no warrant from his master to take it. Fairholme, on the sight of this receipt bids him quickly return it to the Colonel, and take another receipt, as of borrowed money, which the Colonel refused. When this came to be debated, it was found to be an acceptance of the bill, and Fairholme was decerned to pay the whole sum, because of the exuberant faith in bills of exchange.

Act. Sinclair. Alt. Maxwell. MS. folio 51.