Respondents, Messrs Allan & Steuart, Bankers in Edinburgh, ask the court to consider 1. Competency of the appeal and 2. Merits of the question. This case was in litigation for almost a decade leading up to this appeal. In 1783, Mr. Moffat, grazier in Portsburgh, bought a parcel of cattle from Mr. Guild with a bill of 150 £ sterling, payable in three months. Mr. Guild brought the bill to Respondents, Messrs Allan & Steuart, Bankers in Edinburgh. Respondents discounted the bill, after Mr. Moffat swore to its validity. Petitioner John Baird and Mr. John Newlands were Cautioners for Mr. Moffat. When the bill became due, Mr. Moffat refused to pay, alleging the Guilds had forged copies and discounted bills at other banks, bringing the sum of money owed to well over the original 150 £ sterling. Mr. Moffat later died, bankrupt, before the valid bill was ever found. The case was heard before Lord Justice Clerk Glenlee in 1785, Lord Stonefield Ordinary in 1792, Lord Ankerville in 1790, Lord Dreghorn and Lord Abercromby in 1792. Despite multiple judgments for Messrs Allan & Steuart, Mr. Baird still challenges the validity of the bill, and appeals the judgments against him as cautioner on the bill.


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