Scottish Court of Session Decisions

Subject_1 BANK.

Bank of Scotland
v.
Royal Bank, &c

1749, Feb. 24.
Case No. No. 2.

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Hugh Crawford sent a L.20 Bank note to a friend at Glasgow by the post, inclosed in a letter, which was taken out of the post-house and never came to hand; and he advertised it, distinguished the number, and particularly that he had indorsed it on the back. The note at last came to the Royal Bank with the indorsation scored; and they in common course exchanged it and other Old Bank notes with the Old Bank. Hugh Crawford hearing of this raised a multiplepoinding in name of the Old Bank against himself and the Royal Bank, which was this day reported by Lord Strichen; and we thought there was not sufficient proof that it is res furtiva, and, if it were, thought that Hugh Crawford was in culpa. But we would not determine that point, but agreed to decide the general point, supposing there were proper evidence that this note was stolen; and we unanimously agreed that Hugh Crawford had no condiction of this note, nor no action against either of the Banks on account thereof; for we thought that it would destroy all banking, if the objection res furtiva could affect Bank notes against bona fide possessors.