Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION I.

Of the Object, Nature, and Requisites of Bills.
Subject_3 SECT. V.

The Drawer's Subscription.

Neilson
v.
Russel

Date: 14 February 1734
Case No. No 34b.

The subscription of the drawer, an essential requisite.

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In this case, where the drawer's name was in the body of the bill, but written with another hand, arrestment laid on in the acceptor's hands, before the drawer adhibited his subscription, was found good against an onerous indorsee. For here, the acceptor of the bill, was ab ante debtor; and, after the debt was fairly attached by arrestment, it could not be transformed into a bill, to disappoint the effect of the diligence. See This case, Div. 2. Sect. 2.

Fol. Dic. v. 1. p. 96.