BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Trotter v Sheil. [1738] Mor 1402 (21 February 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0401402-007.html Cite as:
[1738] Mor 1402
It cannot vitiate a bill, to stipulate what would equally follow, though it were not expressed.
Click here to view a pdf copy of this documet : PDF Copy
A bill was sustained in the following terms:
“Pay to me, or order, the sum of; and this, with my receipt, shall be a sufficient discharge of all I can ask or claim of you preceding this date;”
though it was pleaded, That the bill was null, as containing a general discharge, incongruous to the nature and form of a bill; in respect it was answered, That if the bill was the result of a count and reckoning, there could be no harm in expressing the cause of granting; and, once fixing this point, the very retiring of the bill is a general discharge of course. The rule is that it cannot vitiate a bill, to stipulate what would equally follow, though it were not expressed. See. General Discharges, &c.
Fol. Dic. v. 1. p. 95.Act. H. Murray-Kynnynmound.Alt. H. Home.
