Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Alison
v.
Agnes Seton

Date: 12 January 1750
Case No. No. 46.

Indorsation of a debenture has not the privilege of indorsations of bills.

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A fish debenture being by Provost Williamson indorsed blank in the 1723, and given to Harry Crawfurd, when payment of these debentures was stopped in Exchequer, Crawfurd in the 1737, without filling up his own name, gave it to Blair in security of a debt, who recovered payment, but with deduction of a salt-bond due by Williamson to the Crown; and Blair, at least his trustee Alexander Alison, sued Williamson's representatives in recourse for the money of the salt-bond deducted; and they pleaded compensation on a debt due by Crawfurd, from whom Blair owned he got the debenture, though his name did not appear upon it. Answered, not relevant against an onerous indorsee. Lord Kilkerran sustained the compensation, and we adhered; for we thought that though indorsation was a method of transmitting debentures allowed by law, yet these indorsations had not the privileges of indorsation of bills of exchange; and indorsations of them were to be considered as common transmissions of the subject, and there fore if payment had never been recovered, yet there would have been no recourse. 2do, In this circumstantiate case we doubted if the indorsation was presumed onerous.