Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION V.

Bills by the lapse of time lose their Privileges.

John Hamilton
v.
Thomas Hamilton

Date: 10 December 1757
Case No. No 194.

Where a bill was pursued for after 21 years, and the parties who were both alive, could adduce no circumstances inferring sufficient presumption either of its being paid or not; the Lords sustained action.

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

John Hamilton pursued Thomas Hamilton for payment of a bill of L. 15 accepted by him, and payable on demand to the pursuer. The suit was brought twenty one years after the term of payment of the bill. John Hamilton did not allege, he had ever made a demand for payment before. Thomas Hamilton all the time had been in easy circumstances. The draft and subscription were not denied by Thomas; but he said, that in the clearance of accounts between them, he had neglected to take it up, and pleaded prescription against the bill. The circumstances brought by the parties, the one to show that it was a real, and the other that it was not a real debt, did not afford solid presumption on either side.

“The Lords found, That action lay on the bill, notwithstanding the elapse of time.”

Act. Hamilton-Gordon. Alt. Miller. Fol. Dic. v. 3. p. 91. Fac Col. No 65. p. 110.