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Scottish Court of Session Decisions >>
The Royal Bank of Scotland v Corrie. [1747] Mor 3441 (3 February 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor0803441-015.html Cite as:
[1747] Mor 3441
Forger remitted to the Justiciary without finding the actual forgery.
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In the complaint, at the instance of the Royal Bank, against Archibald Corrie, for the alleged forging the notes of the Company, the Lords, on advising the proof, ‘Found it proved, that the notes challenged were forged, and that the pannel had used the same, knowing them to be such, and remitted the pannel to the Court of Justiciary.’
The Lords waved giving judgment upon the actual forgery, and yet remitted as said is: But the truth is, That in the opinion of several of the Lords, there was even sufficient proof of his being the fabricator, who, otherways, would have doubted of remitting the pannel to the Justiciary; and therefore, this is not to be taken as a rule, that, in every case, one proved to have uttered false notes, knowing them to be such, is to be remitted to the Justiciary; that matter will depend on circumstances.
Fol. Dic. v. 3. p. 177. Kilkerran, (Delinquency.) No 10. p. 160.
