T. D. M'Neill & Son v. Innes, Chambers, & Co. [1917] ScotLR 513_1 (06 June 1917)

T. D. M'Neill & Son v. Innes, Chambers, & Co. [1917] ScotLR 513_1 (06 June 1917)

According to the law and practice of Scotland, due presentment of a bill of exchange for the purpose of summary diligence against the acceptor may be made on any day within six months of the bill falling due. The Bills of Exchange Act 1882 does not alter this practice, as expressly preserved by section 98. The respondents complied with all necessary steps, and summary diligence was therefore competent.

Citation
[1917] ScotLR 513_1
Parties
Complainers (reclaimers) / Acceptors: T. D. M'Neill & Son; Respondents / Drawers: Innes, Chambers, & Company
Jurisdiction
Scotland
Judgment Date
06 June 1917
Procedural Posture
Note of Suspension (summary Diligence on Bill of Exchange) / Inner House, First Division, Reclaiming Motion (appeal) Against Lord Ordinary's Refusal of Suspension
Outcome
Note of suspension refused; interlocutor of Lord Ordinary affirmed; expenses awarded against complainers.
Legal Topics
Bills of Exchange, Summary Diligence, Presentment for Payment, Protest of Bills, Scots Law Practice
Commercial Law Banking Law Bills of Exchange Summary Diligence Presentment for Payment Protest of Bills Scots Law Practice

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Parties

T. D. M'Neill & Son

Complainers (reclaimers) / Acceptors

Innes, Chambers, & Company

Respondents / Drawers

Procedural Posture

Note of Suspension (summary Diligence on Bill of Exchange) / Inner House, First Division, Reclaiming Motion (appeal) Against Lord Ordinary's Refusal of Suspension

Legal Issues

  1. 1 Is summary diligence competent against the acceptor of a bill of exchange when presentment for payment was not made on the due date but within six months thereafter?
  2. 2 Does the Bills of Exchange Act 1882 alter the Scots law and practice regarding summary diligence against acceptors?

Ratio Decidendi

According to the law and practice of Scotland, due presentment of a bill of exchange for the purpose of summary diligence against the acceptor may be made on any day within six months of the bill falling due. The Bills of Exchange Act 1882 does not alter this practice, as expressly preserved by section 98. The respondents complied with all necessary steps, and summary diligence was therefore competent.

Court Disposition

Note of suspension refused; interlocutor of Lord Ordinary affirmed; expenses awarded against complainers.

Orders

  • Refusal of note of suspension.
  • Affirmation of Lord Ordinary's interlocutor.