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 A donation cannot be constituted by a bill.

Thomas Gibson
v.
John Gibson

Date: 17 July 1776

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[Supplement to Morison, V. 392.]

Covington. I doubt as to the principle, that bills must be for value received.

President. This however is established by the practice of 40 years.

Gardenston. Bills merely gratuitous are not held good. They are not the instrument proper for such a conveyance.

Hailes. I learned from Lord Elchies, 20 years ago, that, by the law of Scotland, a donation cannot be constituted by accepting a bill.

Auchinleck. I considered it as a fixed point, that donations and legacies could not be constituted by bill. This is the more necessary in our times, when every man wants money. If such donations were good by writings so informal, a man has nothing to do but-to learn to subscribe another's name.

On the 17th July 1776, “The Lords found that the bill to Thomas Gibson was not sufficiently instructed;” adhering to the interlocutor of the Lord Justice-Clerk.

Act. W. Nairne. Alt. A. Crosbie.