Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

James Campbell
v.
David Gibson

1753, Nov. 27.
Case No. No. 54.

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A bill upon Archibald Campbell as principal, and the said James Campbell as cautioner conjunctly and severally, and accepted by both, being suspended by the cautioner, for that a cautionary obligation could not be constituted by a bill, Kilkerran first sustained the objection; but afterwards, on the charger's allegation, James Campbell having been obliged to depone, and having acknowledged that the bill was all written by him, and that he agreed to become cautioner, and accordingly wrote the bill in that form,—that the charger objected to the word “cautioner,” and that the suspender answered that he would be bound in no other way,—Kilkerran altered his interlocutor and sustained the bill; and on a reclaiming bill and answers we adhered; for we thought he was bound first by his agreeing to become cautioner; 2dly, we thought it a fraud to induce the charger to accept of a null bill. But Drummore (in the Chair) doubted if that was a nullity.