( Ante, July 1, 1879, vol. xvi. p. 647, 6 R. 1132.)
Subject_Bill of Exchange — Indorsation — Acceptance — Collateral Obligation — Mercantile Law Amendment Act 1856 (19 and 20 Vict. cap. 60), sec. 6.
Held ( aff. judgment of the Court of Session) that the mere signature of a party, not the drawer or drawee of a bill, upon the back thereof, there being no words of acceptance prefixed and no evidence of an intention to become an acceptor, was insufficient, according to the provisions of the 6th section of the Mercantile Law Amendment Act, to infer an undertaking by the person so signing to be answerable for the amount of the bill.
This was an appeal from the judgment of Seven Judges of the Court of Session, whose decision is reported of date July 1, 1879, ante, vol. xvi. 647, 6 R. 1132. The documents on which the case depended and the course of transactions between the parties are there narrated.
The pursuers (Steele and others) appealed.
In moving the judgment of the House
The House affirmed the judgment of the Court of Session, with costs.
Counsel for Appellants— Benjamin, Q.C.— Romer. Agents— Simson & Wakeford and Ronald & Ritchie, S.S.C.
Counsel for Respondent— Pearson, Q.C.— Scott— Roger. Agents— Holmes, Anton, & Greig, and Morton, Neilson, & Smart, W.S.