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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kerr v Hugh Clerk. [1751] 1 Elchies 66 (19 February 1751)
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Subject_1 BILL OF EXCHANGE.
Kerr
v.
Hugh Clerk
1751 ,Feb. 19 .
Case No.No. 50.
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A submission being entered into by the parties accepting each of them a bill to the other for sums of money with blank indorsations on the back, and depositing them in the arbiters hands, who thereby had it in their power to make these bills be for any less sum they pleased, by filling up a partial receipt in that blank, which they accordingly did in one of them, and gave up the other;—it was objected, that that deborded greatly from the nature and design of bills as instruments and vehicles of commerce, and was not a habile way of making submissions; which the Lords repelled;—though I own I demurred.
The electronic version of the text was provided by the Scottish Council of Law Reporting