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Scottish Court of Session Decisions >>
Grierson v Earl of Sutherland. [1728] Mor 1527 (00 February 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor0401527-111.html Cite as:
[1728] Mor 1527
Subject_1 BILL OF EXCHANGE. Subject_2 DIVISION II.
The Porteur's Action against the Person upon whom the Bill is Drawn.
Subject_3 SECT. III.
Of Bills which have no Extraordinary Privileges.
Grierson v. Earl of Sutherland
1728.
February. Case No. No 111.
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A bill drawn payable to a third party, bore this clause:
“This, with the porteur's receipt, shall oblige me to pay the like sum to you or your order.”
The acceptor having paid the bill, indorsed the obligation for repayment. In a process, at the indorsee's instance against the drawer, this defence was proponed, that the obligation to repay was of the nature of an ordinary obligation, no bill of exchange, and though indorsable, a privilege competent to any simple obligation, it was liable to compensation upon the debt of the cedent. The Lords repelled the defence. See No 50. p. 1447.
