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Scottish Court of Session Decisions >>
Henderson v Davidson. [1738] Mor 1686 (27 July 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0401686-025.html Cite as:
[1738] Mor 1686
A bill, blank in the drawer's name, was delivered in that state, before the money was paid, and afterwards filled up when payment was made. Found effectual.
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In a reduction of a bill upon the act 1696, as being blank in the drawer's name when accepted, and the same being referred to the creditor's oath, he deponed, “That the bill was left blank in his hands, as a fund of credit for procuring the loan of the sum therein mentioned; that within two days he himself made up the sum, delivered it to the acceptor, and thereupon subscribed his own name as drawer.” The act statutes, that the creditor's name be inserted before delivery; and some of the Lords were of opinion, that by this was meant the delivery of the deed itself, which would make the bill in this case null; but it carried to sustain the bill, because, in the eye of law, it was not considered as a delivered evident until the money was advanced; at which time, and no sooner, did it commence to be a jus crediti. See No 35. p. 1435.
