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Russell charged Hamilton upon a bill of exchange drawn upon and accepted by the latter in favour of William Wilson of Leeds and James Durden of London, and blank indorsed by them to the charger.
Hamilton suspended, upon the ground that the bill was granted for money won at play, and also raised a process of reduction, which was conjoined with the suspension.
The Court unanimously sustained the reasons of suspension, and suspended the letters simpliciter.
The Lord Justice-Clerk .—I understand that the Lord Ordinary has made avisandum with this case, merely in order that a point of this kind, which overrules former decisions of the Court, might be fixed by a judgment of the Inner-House, and not from any doubt which his Lordship entertained upon it. Indeed, it is impossible to doubt, when we look at the words of the statute, and such was the opinion expressed by the Court in the case of White's Trustees.
Lord Ordinary, Medwyn. Act. Cuninghame. Alt. Rutherfurd. Hopkirk & Imlach, and R. M'Intosh, Agents. T. Clerk.
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