Alexander Brebner, Merchant In Portsoy v John Haliburton and Company, Merchants In Edinburgh: HL 13 Dec 1763

The appellant sent three bills to the respondents (with whom he had dealings in business) for the purpose of negotiation and payment, indorsing them for that purpose. The respondents delayed timeously to present the bills for payment, and failed otherwise in duly negotiating the same, but they sent them to Boyd in Glasgow, with whom they had dealings, who failed with the proceeds in their hands. Held (1), That there was no culpable negligence on the part of the respondents to subject them in liability, and (2) As regarded the sum of andpound;200 sent by Boyd to Haliburton, on 25th March, sought to be imputed pro rata of this debt, this remitted to the

[1763] UKHL 6 – Paton – 753, (1763) 6 Paton 753
Bailii
Scotland

Banking

Updated: 11 January 2022; Ref: scu.560597