M'Pherson v. Wright and Sinclair

Subject_1 Bill of Exchange Subject_2 Noting Subject_3 Protest Subject_4 Discon-formity of Date — Arrestment.

Retention — Bank — Cautionary Obligation of a Bank Agent for Overdrawn Account of Customer — Arrestment. Facts: Where a dishonoured bill bore to be noted on 24th September and the protest was dated the 25th, held that the protest, being disconform to the noting, was invalid, and ineffectual as a foundation of diligence.

A bank agent owed a tradesman a sum of money for goods supplied to his family. The tradesman was a customer of the bank, and had overdrawn his account, and for that overdraft the bank agent was liable to the bank. A creditor of the tradesman arrested in the hands of the bank agent the debt due by him to the tradesman. Question , Whether the agent had a right of retention in respect of cautionary obligation, and therefore whether the arrestment was good?

John Sinclair, a flesher in inveraray, being indebted to James M'Pherson, farmer, Kilblaan, accepted a bill of exchange drawn on him by M'Pherson for £34, 6s. 9d., which ran as follows:—

“One month after date pay to me or my order, within the National Bank of Scotland (Limited) here, the sum of Thirty-four pounds, 6s. 9d. sterling, value received.”