Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 BILL.

Harris and Company
v.
Mr Andrew Crosbie

Date: 22 February 1775

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Alexander Sherriff, being debtor in a large balance to Messrs Harris and Company of London, indorsed to Sir William Forbes, Hunter, and Company, agents for Messrs Harris, two bills accepted by Andrew Crosbie, Esq.; the indorsation bore, value in account. In a suspension of a charge on these bills, Mr Crosbie pleaded compensation on a debt due to him by Mr Sherriff; and, to make way for this ground of compensation, further pleaded, that these two bills being indorsed by Mr Sherriff to Sir William Forbes and Company, in security of an old debt due by him to Messrs Harris and Company, they could not be considered as onerous indorsees. The Lords, 22d February 1775, by a great majority, found the contrary;—that the chargers were onerous indorsees, and that a bill indorsed in this manner is, in every respect, a bill indorsed for value.

The same held to be law, 28th June 1775, Reynolds against Inglis, merchant in Lanark.