Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

The Bank of Scotland
v.
The Royal Bank and Craufurd

Date: 24 Feb 1749

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Hew Craufurd, clerk to the signet, sent a L.20 bank-note in a letter to his correspondent at Glasgow, which his correspondent declared he never got, and was supposed to have been some way stolen at the post-office. This note was paid to the bearer by the Royal Bank, who sent it in course, with other notes, to the Bank of Scotland to be exchanged; and Hew Craufurd having advertised it in the newspapers, they gave him notice of its coming there, and he raised a multiple-poinding in the name of the Bank of Scotland, calling the Royal Bank and himself.

His plea was, That it was res furtiva, and, therefore, the property remained with him. The evidence of its being stolen did not appear to be sufficient; as non certo constabat, but that it might have come to his correspondent's hand, although nobody suspected that to be the case.

But, for quieting the minds of the public and of the banks, the Lords agreed to decide the general point: And it being obvious, that if the plea was good, and the same rule to be followed as in other res furtivæ, there could be no such thing as a public bank, the Court unanimously found that Mr. Craufurd had no condiction of this note, nor any action against either of the banks.

Kilkerran, p. 479.