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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Claim on the Estate of - . [1758] 5 Brn 867 (5 July 1758)
URL: http://www.bailii.org/scot/cases/ScotCS/1758/Brn050867-1065.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONOBODDO.
Subject_2 COMPLAINT FROM STIRLINGSHIRE.
Date: Claim on the Estate of -
5 July 1758 Click here to view a pdf copy of this documet : PDF Copy
A bill was drawn, payable to the drawer, who was named in the body of the bill, but he did not subscribe it, only there was a blank indorsation by him upon the back.
The President was of opinion that the bill, as wanting the subscription of the drawer, was altogether informal, and therefore no bill or literarum obligatio; but the rest of the Lords thought that this want was supplied by the subscription on the back, which showed that the drawer accepted of the offer of the money by the debtor in the bill, which completed the mutual contract.
The electronic version of the text was provided by the Scottish Council of Law Reporting