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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Geddes and Others. v Alexander Hare and Others [1786] Hailes 1005 (22 November 1786) URL: http://www.bailii.org/scot/cases/ScotCS/1786/Hailes021005-0676.html Cite as: [1786] Hailes 1005 |
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[1786] Hailes 1005
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BILL OF EXCHANGE.
Subject_3 A Bill not subscribed by the drawer, sustained.
Date: Jean Geddes and Others
v.
Alexander Hare and Others
22 November 1786 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX; App. XII, No. 8; Dict. 1446.]
Braxfield. A bill is a mandate; but a mandate cannot be without a mandant. Bills are necessary for commerce; but we must beware of forgery, and be cautious not to vary the nature of bills.
Swinton. A mandate may be given any way, and presumptions may be so strong as to imply a mandate.
Eskgrove. I agree with Lord Braxfield's principles. Were this a question as to summary diligence, I should not think that summary diligence would be granted; but it is another question whether there be a document of debt, and I think that there is the name of the creditor in the body of the bill: there are payments proved, and, in the trust-right, mention is made of bills.
Braxfield. A promissory-note is an unilateral obligation, and quite a different thing from a bill.
On the 23d November 1786, “The Lords, in respect of the special circumstances of the case, repelled the objections;” adhering, in substance, to the interlocutor of Lord Alva.
Act. W. Honeyman. Alt. R. Dalzell.
The electronic version of the text was provided by the Scottish Council of Law Reporting
