Viani & Co. v. Gunn & Co. [1904] ScotLR 41_822 (14 July 1904)

Viani & Co. v. Gunn & Co. [1904] ScotLR 41_822 (14 July 1904)

Section 100 of the Bills of Exchange Act 1882 entitles a defender to lead parole evidence on facts relevant to liability on a bill of exchange, including an alleged agreement not to exact payment at maturity, and the defenders' averments were sufficiently relevant to warrant proof before answer.

Citation
[1904] ScotLR 41_822
Parties
Pursuer: Viani & Company; Defender: Gunn & Company
Jurisdiction
Scotland
Judgment Date
14 July 1904
Procedural Posture
Civil / Interlocutory Appeal (reclaiming Motion) Against Allowance of Proof Before Answer
Outcome
appeal dismissed; interlocutor adhered to
Legal Topics
Bills of Exchange, Parole Evidence, Accommodation Bill, Holder in Due Course, Proof Before Answer
Commercial Law Banking Law Bills of Exchange Parole Evidence Accommodation Bill Holder in Due Course Proof Before Answer

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Parties

Viani & Company

Pursuer

Gunn & Company

Defender

Procedural Posture

Civil / Interlocutory Appeal (reclaiming Motion) Against Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether parole evidence is competent to prove an agreement not to exact payment on a bill of exchange at maturity under section 100 of the Bills of Exchange Act 1882
  2. 2 Whether the defenders' averments are relevant to entitle them to proof before answer

Ratio Decidendi

Section 100 of the Bills of Exchange Act 1882 entitles a defender to lead parole evidence on facts relevant to liability on a bill of exchange, including an alleged agreement not to exact payment at maturity, and the defenders' averments were sufficiently relevant to warrant proof before answer.

Court Disposition

appeal dismissed; interlocutor adhered to

Orders

  • Proof before answer allowed; defenders to lead in the proof
  • Case remitted to the Lord Ordinary to proceed