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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Raith v Murdoch. [1738] Mor 1436 (6 December 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0401436-037.html

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[1738] Mor 1436      

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION I.

Of the Object, Nature, and Requisites of Bills.
Subject_3 SECT. V.

The Drawer's Subscription.

M'Raith
v.
Murdoch

Date: 6 December 1738
Case No. No 37.

The subscription of the drawer, an essential requisite.


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A bill was found null, being neither signed by the alleged drawer, nor of his hand-writing; which was not upon the act of Parliament regarding blank writs; because the alleged drawer's name was on the body of the bill; but, upon this footing, that a bill is a mutual contract; an order, or mandate, by the one party, and an acceptance of the order, or mandate, by the other, which binds the parties mutually, according to the nature of the mandate: And, upon the common principle of contracts, both parties must be bound, or neither; and so there can be no obligation, unless the consent of the drawer be interposed, as well as of the acceptor. See This case, voce Mutual Contract.

Fol. Dic. v. 1. p. 96.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0401436-037.html