Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Tudhope
v.
Turnbull

1748, June 21.
Case No. No. 39.

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Turnbull accepted to Taylor a bill for L.29, payable at twelve months distance, and of same date Taylor accepted a bill for the like sum to Turnbull; and Taylor being debtor to Tudhope in L.17, he indorsed the bill to Tudhope, who charged for payment; and he suspended, alleging that his bill to Taylor was originally blank, and intended for Taylor's aunt, from whom the money was at his desire borrowed for his use, because he durst not ask it himself; and upon getting the money he granted the other bill; and after the aunt's death, that his, Turnbull's bill, came into Taylor's hands, who filled up his own name, and indorsed it to Tudhope for security only of former debts; and the alle-gence he offered to prove by Taylor's oath; and insisted that Tudhope could not have the usual privileges of an onerous indorsee, because there were not three persons in the field, but two;—next because payable at a twelve months distance; 3tio, because indorsed for security only of a lesser sum. There were some of us that argued for all the three. However Minto having found the letters orderly proceeded for the L.17, and found expenses due, we adhered, but found no expenses: Only we gave the expense of extract, in case the suspender do not pay before the 2d of August.