Subject_1 BILL OF EXCHANGE. Subject_2 DIVISION II.
The Porteur's Action against the Person upon whom the Bill is Drawn.
Subject_3 SECT. II.
Extraordinary Privileges of Bills.
A v. B
Date: 26 February 1747 Case No. No 99.
Horning may be taken out against the drawer, and the several indorsers at once.
Click here to view a pdf copy of this documet : PDF Copy
A writer to the signet, upon presenting a common bill of horning against the drawer of a bill, and also against the several indorsers through whose hands it had come to the porteur, and against all of whom it had been duly protested, stated it as a doubt, How far he could regularly give out horning against all at the same time, or if horning should not first proceed against the drawer, and after discussing him, against the several indorsers subsidiare? which the Ordinary on the bills reported.
The Lords, without hesitation, ‘Authorised the Ordinary to pass the bill against the whole.’
So far as regards the porteur they are all drawers; and it would be very inconvenient were they to be discussed severally, especially in the case of foreign bills, or where it might be on the faith of one of the intermediate indorsers only, that the porteur had given his money for the bill.
