Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Dunwoodie
v.
Johnston

1737, June 28.
Case No. No. 16.

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Lord Arniston, probationer, reported two objections against a bill; that being drawn and accepted at Candlemas, payable at Martinmas, it bore annualrent from the date; 2dly, That it was accepted by a notary before witnesses designed only in the notary's attestation. The Lord reporter gave his opinion for sustaining both objections, but the Lords repelled the last objection, though it was in the debate admitted that a bond so signed would have been null. However, it carried so by the President's casting vote, (viz. the Justice-Clerk;) but we sustained the first objection, and justly, for it might as well have carried annualrent a year retro, since that would not have heen usury. Yet it has been decided otherwise, vide infra.—(7th June.)

The Lords in respect of several former decisions sustained the bill, notwithstanding it bore annualrent from the date, and therein altered the former interlocutor. They adhered to the former interlocutor repelling the objection that it was accepted by a notary and witnesses, and the witnesses not designed. It carried by the narrowest majority seven to six, and Arniston in the chair was against the interlocutor.—(28th June.)