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Scottish Court of Session Decisions >>
The Creditors of Spot Competing. [1711] Mor 16868 (30 November 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor3816868-086.html Cite as:
[1711] Mor 16868
A printed bond wherein the filler up of the debtor's name and designation, date, and witnesses, was fully designed sustained.
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In the ranking of the creditors of Archibald Murray of Spot, the Lords repelled this objection against a printed bond of cautionry granted by Archibald Murray in the year 1697, for Kenneth Urquhart, then collector at Aitoun, to the Earl of Glasgow and other tacksmen of the customs; that it wanted and could not have the writer's name and designation; seeing the filler up of the blanks, viz. the debtor's name and designation, date and witnesses, was fully designed, and that is sufficient in printed bonds, which custom hath made legal with us in the public offices of custom and excise, and manufactures, whose affairs are much expedited by having the common stile of their bonds lying by them, and nothing to do but fill up the essential parts as occasion offers; albeit it was alleged for the Laird of Keir and other creditors, that fraud (which the acts of Parliament designed to obviate) may be committed in printed securities as well as written ones; and there is no imaginable reason, why a written security without the writer's name is not as good as a printed one without it, or a printed bond without the name of the drawer, as bad as a written one without it; since both do alike frustrate the design of the law, viz. to ascertain the writer or drawer of the security.
