Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Jamieson
v.
Gillespie

1749, June 28.
Case No. No. 44.

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William Scott, drover, 12th February 1745, drew on Swan, also a drover, for L.80 sterling, payable to Thomas Gillespie, or order, 18th May, at the house of William Highmore, merchant in London, for value received of Gillespie, and was indorsed to John Gillespie, and by him to Jamieson, and by him to Claud Johnston, who, 21st May, and no sooner, protested for non-acceptance and non-payment, and re-indorsed it to Jamieson; who brought a process against Gillespie for recourse. Kilkerran sustained the defence, not duly negotiated, because not protested for non-acceptance till the last day of grace, whereas there are no days of grace for acceptance agreeable to Molloy, Forbes, and our decision 6th and 29th July 1743, Ramsay against William Hogg. And Jamieson having reclaimed, we remitted to two merchants here, and two or three at London, to report their opinion, and they reported it for sustaining the recourse; but one of them, Ouchterlony, laid his upon a specialty, that the person drawn on was a drover; and on that report we altered the interlocutor, and repelled the objection. I confess I began to have no great opinion of these references to merchants.