Subject_1 BILL OF EXCHANGE. Subject_2 DIVISION II.
The Porteur's Action against the Person upon whom the Bill is Drawn.
Subject_3 SECT. II.
Extraordinary Privileges of Bills.
Wilson & Fraser v. Nisbet of Craigentinny
Date: 24 February 1736 Case No. No 96.
No good defence against an onerous indorsee, that the bill was elicited without value, from the acceptor when intoxicated.
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A bill was alleged to have been elicited, without any onerous cause, by the drawer, after having intoxicated the acceptor with liquor, so that he was insensible, and incapable of knowing what he was doing. This defence was not sustained against an onerous indorsee; although it was pleaded, that force and fear, and such like real exceptions, are sustained against onerous indorsees.—The answer was, That drunkenness is but a temporary incapacity, which ought not to be regarded, especially as it was the acceptor's own fault. See The particulars, voce Fraud.
