Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION XVI.

Other Presumptions.

Alves
v.
Brown

1729. January.
Case No. No 326.

Click here to view a pdf copy of this documet : PDF Copy

Andrew Alves, indorsee to a bill of exchange, drawn by Scot of Harden upon, and accepted by, one Brown, having charged for the sum, the accepter obtained suspension, upon this ground, that the bill was accepted by him as the grassum of a tack, which Harden had agreed to set to him of certain lands, and which tack Harden refused to implement, having set the lands to another, and therefore the bill was void, causa data, causa non secuta; that there was a legal presumption that Alves the indorsee was in the knowledge of this fact, being Harden's factor at the time, overseer of all his affairs, an especial branch of which was setting of tacks, and overlooking the tenants; so that, esto he were an onerous indorsee, he is not presumed to have bona fides. The same objections were found competent against Alves the indorsee which would have been relevant against Harden. See Appendix.

Fol. Dic. v. 2. p. 165.