Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Robert Brown
v.
Johnston of Colchrie

Date: 1 February 1669

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Robert Brown being assignee to a bill of exchange, granted by Colchrie, for the sum of £200 sterling,—it was alleged, The said bill was null, not being subscribed by the defender, or by any notary or witness, being for so great a sum, there being nothing but a mark subjoined thereto.

The Lords repelled the allegeance, and sustained the bill; in respect that there were several bills produced, subscribed only with that same mark, which were of far greater value and importance; and that several merchants did depone that it was his custom to subscribe with such a mark, and that they believed this mark was truly his. As likewise, in respect that, by several former practicks, subscription by initial letters was sustained. This was done, me reclamante, upon these reasons:—That the practicks, sustaining subscriptions by initial letters, were where the same were done before witnesses, and the subscriber did not offer to improve; and that it was against our law, that the writ, neither being holograph, nor the mark put before witnesses, that a custom to subscribe some other being proven, which were acknowledged and satisfied by payment, should be sufficient, without any adminicle, to sustain any other bill or writ to be obligatory.

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