Scottish Court of Session Decisions

Subject_1 BONA ET MALA FIDES.
Subject_2 SECT. II.

Private Knowledge of a Prior Right.

Fulton
v.
Johnston

Date: 29 January 1708
Case No. No 8.

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The possessor of a bill having raised a process of recourse against the drawer, and thereafter indorsed the bill; in a new process for recourse, at the indorsee's instance, his knowledge of the former process, which rendered the bill litigious, found relevant to subject him to the oath of the indorser.

Fol. Dic. v. 1. p. 105. Forbes, p. 233.

*** See The particulars voce Litigious.