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.
Date: M'Raith
v.
Murdoch
6 December 1738
Case No.No 37.
The subscription of the drawer, an essential requisite.
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A bill was found null, being neither signed by the alleged drawer, nor of his hand-writing; which was not upon the act of Parliament regarding blank writs; because the alleged drawer's name was on the body of the bill; but, upon this footing, that a bill is a mutual contract; an order, or mandate, by the one party, and an acceptance of the order, or mandate, by the other, which binds the parties mutually, according to the nature of the mandate: And, upon the common principle of contracts, both parties must be bound, or neither; and so there can be no obligation, unless the consent of the drawer be interposed, as well as of the acceptor. See This case, voce Mutual Contract.
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