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Scottish Court of Session Decisions >>
Henderson v Davidson. [1738] Mor 1435 (27 July 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0401435-035.html Cite as:
[1738] Mor 1435
A bill was blank in the drawer's name at the time of delivery, but filled up before the money was actually advanced: found good.
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It was agreed that a bill, blank in the creditor's name at the time of delivery, fell under the act of Parliament 1696, concerning blank writs. But where, in a reduction of a bill, upon that ground, the fact was referred to the defender's oath, who deposed that the bill was put in his hand, blank in the drawer's name, as a fund of credit for procuring the loan of the sum; and that, within two days, he himself made up the sum, which he delivered to the acceptor; and, at that time, subscribed his name as drawer; the bill was sustained; the plurality of the Lords being of opinion, that it was not to be considered as a delivered evident till the money was advanced.
