Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. collected by JAMES BURNETT, LORD MONBODDO.

Sir George Stewart
v.
- -

Date: 16 December 1755

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Sir George Stewart pursued for payment of a bill which was above thirty years old, and had been granted to him by——, for a sum said to be advanced to him for buying a commission, at a time when Sir George was just come to a great fortune, and the other party very poor. The President thought that the bill was not prescribed, though no document had been taken upon it, because he thought there was no other prescription of bills than that of forty years ; for though the Act of Parliament, giving force to bills of exchange, refers to the custom of other nations, in these other nations the shorter prescriptions of bills is not by the common law, but by particular statute ; but he thought in this case that, as the parties were particular friends, and as the bill had lain over so long, there was a presumption that it was intended for a donation. My Lord Preston-grange said, that he agreed with the President as to the point of prescription, but differed with him as to the presumed donation ; and, upon a division, it carried, by seven to six, to sustain action upon the bill.

N.B. The acceptor of this bill denied that the name at the bill was his hand-writing ; but this the Court would have no regard to unless he would propone improbation.