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.

Stewart
v.
Bisset

Date: 25 July 1777

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In a question which came into Court, anno 1774, and depended before Lord Auchinleck; it was objected to a bill, that the person who signed as drawer, and as indorser, was not the real drawer, but that he had received it blank from the real drawer, and had signed it as drawer, and then indorsed it. The holder of the bill insisted that this was often done, and could be of no consequence to the accepter, as he was bound at any rate. The Lord Ordinary having called for the opinion of merchants upon it,—Forbes, Hunter, and Company, Mansfield and Company, and Messrs Cumings, declared that they knew no such practice; but that the person to whom a bill was accepted, always signed it as drawer, and no other was entitled to do so.

Much the same question occurred, Stewart against Bisset, decided 25th July 1777. Stewart, among his father's papers, found a bill accepted by Bisset's father, blank in the drawer's name: to this he adhibited his subscription as drawer, and then indorsed it. It had lain over 18 years, and seemed truly some incomplete and inexplicable transaction betwixt the two fathers. But Lord Elliock put it upon the bill not being signed or indorsed by the drawer, but his son; and therefore assoilyied: and the Lords adhered.