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Scottish Court of Session Decisions >>
George Wilson of Sands v George M'Kenzie in Stonehive. [1711] Mor 1481 (27 June 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor0401481-072.html Cite as:
[1711] Mor 1481
Effect of Fraud on the part of the Drawer; and of False Description of the Value.
George Wilson of Sands v. George M'Kenzie in Stonehive
Date: 27 June 1711 Case No. No 72.
An acceptor who had paid, found to have recourse upon the drawer, although the drawer alleged the acceptor was not meant to be drawn upon, but another person.
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In the action, at the instance of George Wilson against George M'Kenzie, for repayment of L. 60 Sterling, contained in a bill drawn by George M'Kenzie, and directed upon Alexander Deuchar and George Wilson, payable to John Campbell, Deuchar's servant, and indorsed by him to the treasurer of the bank; which bill the pursuer paid, upon distress, at the bank's instance; The Lords repelled this defence, that George M'Kenzie drew the bill only upon Alexander Deuchar, and that George Wilson's name was afterwards added to the direction by Deuchar, without M'Kenzie's knowledge; and sustained Wilson's recourse against the defender as drawer, in respect, George Wilson, finding a bill subscribed by M'Kenzie, directed to Deuchar and himself, was in bona fide to accept the same upon the drawer's faith, and was not bound to know but M'Kenzie had drawn upon him. Besides, he having paid to the bank a debt for which M'Kenzie was liable in omnem eventum, he ought to be repaid as a negotiorum gestor, whether the bill had been drawn upon him or not. See This case, Div. 3. h. t.
