Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

A
v.
B

1738, Dec. 6.
Case No. No. 19.

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Me referente without Informations from the Outer-House, the Lords found two bills drawn payable to “me James M'Artney, or order,” being neither holograph of the drawer, as appeared by comparing them together and with other writs, nor signed by him as drawer, although bearing to be signed by the acceptor, and said to be found among the drawer's writs after his death, were null and void, and not probative. Found pretty unanimously, sed renitente President, who yet admitted that such a bill payable to a third party not signed by the drawer would be null; so that the only difference in his opinion must have Iain in the addition of the word “me,” which I thought was no difference where the bill was not written by the pretended drawer, but a third party, for nothing then could make it his mandate but his subscribing it. On the other hand, the Lords thought, that if the bill had been written by him, it would have been good, it not being very material whether he subscribed his name, or writ it in the body: In both cases it was his mandate.