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Scottish National Dictionary (1700–)

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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.

RECOURSE, n. Sc. legal usage: the right of the assignee to claim pecuniary compensation from the assignor, esp. consequent upon failure of the honouring of a bill of exchange, or in case of eviction. Also Gen.Sc. form recoorse (Ags. 1853 W. Blair Aberbrothock 30).Sc. 1722 W. Forbes Institutes I. i. 191:
If the Possessor of a Bill neglect in due Time to present it, in Order to Acceptance . . . he loses his Recourse against the Drawer and Indorser, if the Person drawn upon, or Accepter, do in the Interim prove insolvent.Sc. 1747 Acts of Sederunt 401:
The question . . . whether a bill of Exchange . . . must be protested upon the . . . last day of grace . . . in order to afford recourse against the drawer.Sc. 1754 Erskine Principles ii. iii. § 13:
The grantee does not lose his right of recourse, unless it shall appear, that in the process of eviction he has omitted a relevant defence, or subjected himself to an incompetent mean of proof.Sc. 1838 W. Bell Dict. Law Scot. 827:
Recourse is the right competent to an assignee or disponee, under the warrandice of the transaction, to recur on the vender or cedent for relief, in case of eviction or of defects inferring warrandice.Sc. 1865 R. Thomson Bills of Exchange 181:
An agent who indorses bills or notes will be personally liable, unless he indorses expressly as agent. The usual mode of doing this, is to indorse “without recourse”, by which any claim against him is excluded.Sc. 1927 Gloag & Henderson Intro. Law Scot. 288:
The holder of a bill which on the face of it bears to be a foreign bill must, in order to preserve recourse against the drawer or prior indorsers, protest it either in the case of non-acceptance or non-payment.Sc. 1946 A. D. Gibb Legal Terms 73:
Recourse. As a legal term, means the right which a person as the assignee of a right may have, when the right fails, to fall back upon the assignor for relief.