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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Daniel Forbes v Alexander Innes. [1739] 5 Brn 209 (2 February 1739)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by LORD KILKERRAN, ADVOCATE.
Date: Daniel Forbes
v.
Alexander Innes
2 February 1739 Click here to view a pdf copy of this documet : PDF Copy
The circumstances of this case are stated by C. Home, (Mor. p. 712.) It is also noticed by Elchies, (Pro. Note, No. 1.) Lord Kilkerran has the following note of the grounds of the decision.
“Feb. 2, 1739. The Lords adhered.
Arn. observed, that such notes are even no otherwise indorsable than as a holograph bond ; that is, by a writing on the back, however short, but not by a blank indorsation; and that by the words of the act of Parliament, Notes of a trading company, is understood, Notes of a company incorporate by law, as the bank, &c.
I think the interlocutor right, and that such notes are both compensible, and that arrestment before intimation to the accepter will be effectual.
Nota. It has been often found that such notes are compensible, ergo arrestable, an unanswerable consequence.”
The electronic version of the text was provided by the Scottish Council of Law Reporting