By James Steven Rogers
This examine strains the historical past of the legislations of accounts and notes in England from medieval occasions to the interval within the overdue eighteenth and early 19th centuries while debts performed a significant position within the household and overseas economy. It demanding situations the conventional conception that English advertisement legislation constructed by means of incorporation of the concept that of negotiability and different principles from an historic physique of wide-spread legislation often called the legislation service provider. Rogers indicates that the legislation of accounts was once built in the universal legislations process itself, according to altering fiscal and enterprise practices. This account attracts on monetary and enterprise historical past to give an explanation for how money owed have been truly used and to check the connection among the legislation of debts and financial and social controversies.
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Extra resources for The Early History of the Law of Bills and Notes: A Study of the Origins of Anglo-American Commercial Law
THE LAW MERCHANT IN THE CENTRAL COURTS Another perspective on early English commercial law is provided by an examination of the role of the law merchant in the central courts. According to the traditional view, that should be a subject easily dismissed — the whole point of the establishment of the mercantile courts is supposed to have been that the common law courts would not recognize the law merchant. In fact, however, the central courts did hear disputes concerning the law merchant and even applied law merchant procedure and rules in mercantile cases.
34 & 35 Edw. ) 294. B. 11 Rich. ) 238. In Scottow v. Birkeleghe (1312), Y . B . 5 Edw. II, 33 S S 205, the yearbook notes only that the plaintiff had brought a writ of account against the defendant as receiver of his moneys, but the plea roll entry shows that the defendant sold 'spices and divers merchandises' for the plaintiff for which he was accountable for the large sum of £ 2 0 0 . See also Select Cases Law Merchant, 46 S S 1 2 6 - 3 1 , 163—68 (auditors' report in account action against factors in Calais of a York wool merchant); Select Cases Law Merchant, 46 S S 106, 156-59 (auditors' report in account action against factor in Spain of an Ipswich merchant, whose trade seems to have been primarily the export of cloth and import of iron).
Baker has shown,3 the common law courts regularly dealt with commercial matters from the earliest times. COMMERCIAL CASES IN THE CENTRAL COURTS The apparent absence of commercial cases from the records of the common law courts is largely an illusion, attributable to the failure 1 2 3 Scrutton, Elements of Mercantile Lawy 4. Britton, Law of Bills and Notes, 5. Baker, 'Law Merchant and Common Law'. 12 Central courts, commercial law, and law merchant 13 to realize fully the implications of the fact that so much of early English law was organized by procedural categories.