| Robertson v. Craig |
1777
|
Bill (Financial Instrument), Trade, Calico |
This case concerns a dispute over two bills drawn upon Robert Craig by Williams, Tebb, and Williams, in favor of their trustee Alexander Robertson. Both bills were for the value of calico received by Craig, a merchant in Perth, from Williams and Company, merchants in London. Craig claimed to have already paid one bill, and to have returned the calico for which the second bill was charged. Alexander Robertson brought action against Robert Craig in August 1773. Lord Coalston ordered an information, but later retired from the bench. The cause was remitted to Lord Covington, who found the defender liable for the bills and for expences. Craig then petitioned the Court to alter this decision, explaining that "he had the misfortune not to have been regularly bred to the business of a merchant, and did not keep a copy-book of letters." He argued that despite his inexact record-keeping, he had provided enough evidence to support his claim to have already paid one bill, and to have returned the calico charged by the second one. Alexander Robertson answered that the defender had failed to produce any evidence, and that even if what he claimed was true, "as he took it upon himself to return these goods, without orders, he must be considered as running the risk of their being safely delivered to Williams and Company.” According to a handwritten note on Robertson's Answers, the Court adhered. |
