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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Alexander v - - [1752] 5 Brn 829 (24 February 1755) URL: http://www.bailii.org/scot/cases/ScotCS/1752/Brn050829-1007.html Cite as: [1752] 5 Brn 829 |
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[1752] 5 Brn 829
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: Jean Alexander
v.
- -
24 February 1755 Click here to view a pdf copy of this documet : PDF Copy
This was the case of a bill drawn among illiterate rustics for no great sura of money, with the mistake of 2000 years in the date, without any drawer's name in the body, and signed by two initials, but accepted by the debtor's name at large. The sheriff, before whom the process at first came, allowed this bill, defective as it was, to be supported by a proof of all facts and circumstances. The cause coming before the Court of Session, the Lords, upon advising the proof, sustained the bill, although there was no proof that the party whose initials these were said to be was in use to sign by initials: but the Lords made a distinction betwixt the drawer and acceptor.
The electronic version of the text was provided by the Scottish Council of Law Reporting
