Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1751/Elchies020086-050.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kerr v Hugh Clerk. [1751] 2 Elchies 86 (19 February 1751) URL: http://www.bailii.org/scot/cases/ScotCS/1751/Elchies020086-050.html |
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Subject_1 BILL OF EXCHANGE.
Date: Kerr
v.
Hugh Clerk
19 February 1751
Case No.No. 50.
Bills constituting a submission sustained.
Click here to view a pdf copy of this documet : PDF Copy
A submission being entered into not in the ordinary form, but by both parties mutually accepting bills to each other for a certain sum, and the creditor in each bill indorsing it blank, and so consigning both in the arbiter's hands, they gave their decreet-arbitral by delivering to one of the parties both bills; viz. his own acceptance discharged, and the other party's with a partial receipt filled up in the blank, which restricted the bill to the sum they thought due; and this bill being charged for and suspended, for that this was debording quite from the nature of bills as vehicles of commerce, and a dangerous precedent; yet the Court repelled the objection and sustained the bill.
The electronic version of the text was provided by the Scottish Council of Law Reporting