Henderson v Elliot
| Jurisdiction | Scotland |
| Judge | Lord Eldin |
| Judgment Date | 20 May 1824 |
| Docket Number | No. 22. |
| Court | Court of Session (Inner House - First Division) |
| Date | 20 May 1824 |
Lord Eldin.
Bill of Exchange.—
Henderson having drawn a bill of exchange upon Scott, by whom it was accepted, indorsed it to Elliot and Foster. After it had been dishonoured, Elliot and Foster brought an action against Henderson for the amount. The defence was, that, on an accounting between Scott and Elliot and Foster, it would be found that the bill was paid. The Judge Admiral decerned against him, ‘in respect the defender does not make any specific allegations of payments made by Scott, the accepter, to the pursuers, to account of the bill libelled on, but merely a general averment of bill transactions having taken place betwixt the pursuers and Scott, whereby, it is said, it will appear that the pursuers were debtors to Scott, and that this is not such a relevant defence as will entitle the defender to refuse payment of this bill.’ Henderson presented a bill of suspension, alleging that Scott had now brought an action of accounting; but the Lord Ordinary refused it, and the Court adhered.
A general allegation by the drawer of a bill, that, on an accounting between the holders, and the accepter, the bill would be found to be paid, held not a relevant reason of suspension.
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