Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BILL OF EXCHANGE.
Subject_3 Bill, blank in the Drawer's name, found not to be effectually transmitted by delivery to a Creditor of his, who inserted his own name as drawer.

George Grant
v.
David Cruikshanks

Date: 18 December 1769

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[Fac. Coll. V. 25; Dict. Appendix I.—Bill of Exchange, No. 1.]

Monboddo. This is a blank writ in terms of the statute 1696.

Justice-Clerk. A bill is made payable to me or order. If this bill may be transmitted from hand to hand, and only filled up in the drawer's name when necessity requires, numberless frauds, to the prejudice of lawful creditors, will ensue.

Auchinleck. The principle of my interlocutor was, that I do not incline to give new privileges to bills.

On the 18th December 1769, “The Lords found that, as this bill was accepted as payable to Low, the intended drawer, Low's giving the bill to George Grant, his brother-in-law, that he might sign as drawer, was not a habile method of transmitting the contents to George; and therefore preferred Donald Cruik-shanks, on his arrestment, for the two bills which Low owed him;” adhering to Lord Auchinleck's interlocutor.

Act. A. Wight. Alt. J. M'Laurin.