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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Affleck v David Williamson. [1777] Hailes 745 (25 January 1777) URL: http://www.bailii.org/scot/cases/ScotCS/1777/Hailes020745-0445.html Cite as: [1777] Hailes 745 |
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[1777] Hailes 745
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 WRIT - MANDATE.
Subject_3 How far an Overseer, subscribing a Note for the Company who employ him, without mentioning by Procuration, is personally liable for such Subscription?
Date: James Affleck
v.
David Williamson
25 January 1777 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VII. 99; Dict. App. I. Writ, No. I.]
Auchinleck. Williamson does not bind himself, but only Sheriff and Company. If Sheriff and Company acknowledge themselves bound, Williamson is no farther concerned.
Braxfield and Elliock said, That it consisted with their knowledge that such notes were frequent in Lanarkshire and Dumfries-shire, and that they passed currently from hand to hand; but that the person signing them was never understood to be personally bound in payment.
Covington. I supposed that the signer of such notes was wont to pay them when they became due.
President. That is altogether accidental, and it depends on the fact of the signer continuing clerk, if he pays it as clerk, not as signer of the notes.
On the 23d January 1777, “The Lords assoilyied Williamson, the defender;” altering Lord Covington's interlocutor.
Act. Allan M'Connochie. Alt. Alexander Murray.
The electronic version of the text was provided by the Scottish Council of Law Reporting
