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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nielson v Russell. [1734] 1 Elchies 53 (13 February 1734)
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Cite as: [1734] 1 Elchies 53
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[1734] 1 Elchies 53
Subject_1 BILL OF EXCHANGE.
Nielson
v.
Russell
1734 ,Feb. 13 .
Case No.No. 3a.
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The Lords found the nullity relevant, and proveable prout de jure, 2dly, Sustained the reason of reduction on both acts 1621 and 1696, to the extent of L.159, the two debts in payment whereof the bill to him was indorsed. 3dly, Repelled the reason on the said acts quoad the reliquum paid by Mr Russell by bills drawn payable to Mr Gordon.
The Lords adhered to that part of the interlocutor finding it relevant to prefer the arrester, that the bill was not signed by the drawer at the time of this arrestment.—N. B. They did not consider this bill as a writ blank in the creditor's name, but as an imperfect writ, till the drawer signed, and therefore the debt arrestable. Several of the Lords thought it not competent against onerous indorsees.—25th June.
After long reasoning, found it proveable by witnesses. Isla thought the first interlocutor wrong, but since it was so found, thought it proveable by witnesses.—3d July.
The electronic version of the text was provided by the Scottish Council of Law Reporting