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 FORGERY.

James Spence
v.
Laurence Spens

Date: 15 June 1776

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In the process, James Spence, treasurer to the Bank of Scotland, against Laurence Spens, Writer to the Signet, for payment of a bond for L. 100, in which Laurence Spens, his father, had become bound as cautioner for one Campbell, (9th June 1760;) Laurence Spens proponed compensation on a holograph promissory-note by James Spence to his father, dated 2d May 1766, for L. 60. James Spence denied that this note was of his handwriting, or subscribed by him. Both parties were examined; and, after a variety of procedure, the Lords, on report of Lord Gardenston, 15th June 1776, found the note not probative. Laurence Spens reclaimed, and, in his petition, insisted a good deal on a proof of the authenticity of the note ex comparatione; and offered to adduce some engravers, and writing-masters, skilled in comparison of writings, to prove the same. He cited particularly Erskine, B. 3, tit. 2, § 22; and from his authority, as well as the reason of the thing, insisted upon the validity of a proof ex comparatione, especially where it was not of the bare subscription only, but of the body of the deed.