Dry Brough & Co., Ltd v. Roy [1903] ScotLR 40_594 (17 March 1903)

Dry Brough & Co., Ltd v. Roy [1903] ScotLR 40_594 (17 March 1903)

Section 100 of the Bills of Exchange Act 1882 permits parole evidence to prove facts relevant to liability on a bill of exchange, including an agreement to renew the bill for a definite period upon conditions, even if this contradicts the written obligation. The defender's averments are relevant and may be proved by parole evidence.

Citation
[1903] ScotLR 40_594
Parties
Pursuer: Dry Brough & Company, Limited; Defender: Peter Roy
Jurisdiction
Scotland
Judgment Date
17 March 1903
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
Defender's appeal sustained; interlocutors of the Sheriff-substitute and Sheriff recalled; case remitted for proof.
Legal Topics
Bills of Exchange, Parole Evidence, Proof of Agreements, Renewal of Bills, Bills of Exchange Act 1882
Commercial Law Evidence Law Bills of Exchange Parole Evidence Proof of Agreements Renewal of Bills Bills of Exchange Act 1882

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Parties

Dry Brough & Company, Limited

Pursuer

Peter Roy

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether parole evidence is competent to prove an agreement to renew a bill of exchange for a definite period, thereby qualifying the written obligation on the bill under section 100 of the Bills of Exchange Act 1882.

Ratio Decidendi

Section 100 of the Bills of Exchange Act 1882 permits parole evidence to prove facts relevant to liability on a bill of exchange, including an agreement to renew the bill for a definite period upon conditions, even if this contradicts the written obligation. The defender's averments are relevant and may be proved by parole evidence.

Court Disposition

Defender's appeal sustained; interlocutors of the Sheriff-substitute and Sheriff recalled; case remitted for proof.

Orders

  • Recall of interlocutors appealed against.
  • Remit to the Sheriff to allow parties a proof of their averments.