Scottish Court of Session Decisions

Subject_1 IMPROBATION.

Robertson
v.
John Allason

1743, Dec. 7.
Case No. No. 3.

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It appeared to us that in this case there was either a plain forgery or a gross fraud on the pursuer Robertson the creditor in this bill, accepted by the three Allasons, or both. The Lords allowed Robertson the pursuer to abide by the bill under protest, that the same was delivered to him signed by all the three brothers Allasons, and that upon the faith thereof he lent the money to Robert Allason.

*** The case Connel against Orr 16th June 1747 is referred to, as decided in the same way. That ease is thus mentioned in the Notes.

Orr accepted a bill to Connel and Watson partners for 20 guineas, but the acceptance not signed by them, and the bill was written by Watson and remained in his hands. Connel afterwards insisted with Watson to deposit the bill for both their behoof, and they accordingly signed the draught and deposited the bill afterwards. Connel charged Orr for payment, and Orr suspended and produced a bill of the same date and sum, payable to the same persons, and written by Watson, and by him discharged. Connel pursued improbation of the bill produced by Orr, and he has abidden by it sub periculo falsi Orr has also raised improbation, and Connel offered to abide by qualificate that this bill was by Watson deposited as the true bill;—and after long debate, Whether he should abide simply or not? it carried to allow him to abide qualificate. Renit. multum Arniston,. Tinwald, et Drummore.