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URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor0401648-204.html
Cite as: [1768] Mor 1648

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[1768] Mor 1648      

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION V.

Bills by the lapse of time lose their Privileges.

Ker
v.
Ker

Date: 5 August 1768
Case No. No 204.

Action refused on a bill protested, but allowed to lie over about 20 years; there being presumption that it had been paid.


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Action was refused on a bill for 3000 merks, which had been protested immediately upon becoming due, but was allowed to lie over for about 20 years, when, after the death of both drawer and acceptor, an action was brought upon it, by the son of the drawer, recently after he had been decerned in payment of certain sums due by him to the son of the acceptor,

Other presumptions concurred in this case, particularly a clearance between the drawer of the bill himself, and the son of the acceptor, and another clearance with the drawer's son, after his death; in neither of which the bill was mentioned.

Reporter, Gardenston. Act. Ilay Campbell. Alt. W. Wallace. Fac. Col. No 77. p. 323.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor0401648-204.html