Scottish Court of Session Decisions

M'Nilidge, a messenger-at-arms, being the indorsee of a bill of exchange for £200, signed by George Scott of Daldowie, residing at Boghall, gave a charge upon it to Scott. Scott had granted a bond of interdiction in favour of his son, upon which letters of publication of interdiction followed, all in April, 1834. The bill was drawn at twelve months, and was dated in December, 1823. A bill of suspension, on caution, was presented by Scott and his interdictor, making very pointed allegations that the bill had been fraudulently elicited by getting Scott to sign a blank stamp, after the date of the interdiction; that it had been antedated, and was indorsed without value to M‘Nilidge. On the other hand, M‘Nilidge alleged that he gave full value for it, and denied any cognizance of the alleged fraudulent mode of obtaining the bill from Scott. He therefore claimed the privileges of an ex facie onerous indorsee, and contended, that the interdiction did not vary the case, as he was an onerous indorsee, who was ignorant of it. He also pleaded, that the statements of the suspenders, if well founded, could only avail them in a reduction.

The Lord Ordinary “refused the bill, and found the suspender liable in expenses.” ^*

The suspenders having reclaimed—