Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION II.

The Porteur's Action against the Person upon whom the Bill is Drawn.
Subject_3 SECT. I.

Of Bills not Accepted.

Gavin
v.
Kippen and Co and Others.

Date: 17 November 1768
Case No. No 84.

A protest for not-acceptance, is equivalent to an intimated assignation.

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Messrs Dunlops of Rotterdam, having sold the ship Dorothy to the Whale-fishing Company of Borrowstonness, at the price of L. 2100 Sterling, drew bills, for L. 400, on John Campbell, one of the partners, payable to David Gavin, to be placed to account of the Dorothy.

For Campbell's reimbursement, the Messrs Dunlops gave him an order on the Company; who afterwards obliged themselves to make payment to him.

Mr Gavin protested the bills for not acceptance; and Messrs Dunlops having failed, arrestments were used, by Kippen and Co. and Others, in the hands of the Whale-fishing Company.

In a competition, ‘the Lords preferred Mr Gavin,’ upon the principles established in the case, Mitchel contra Mitchel, No 60. p. 1464.; where it was found, that a protest for not-acceptance was equivalent to the intimation of an assignation.

It was argued for Kippen and Co.:—That, as the bills were drawn upon Campbell, and protested against him, there was no intimation to the Whale-fishing Company. But it was answered, That, after the obligation granted to Campbell, the price fell to be considered as in his hands; and was effectually assigned to Mr Gavin, by the bills drawn upon Campbell, and protested before the date of the arrestments.

Act. Wight. Alt. Lockhart. Fac. Col. No 79. p. 327.