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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Culloch of Barholm v M'George. [1763] 5 Brn 896 (19 July 1763) URL: http://www.bailii.org/scot/cases/ScotCS/1763/Brn050896-1110.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: M'Culloch of Barholm
M'George
19 July 1763 Click here to view a pdf copy of this documet : PDF Copy
The question here was concerning a bill accepted by the person on whom it was drawn, but not signed by the drawer, who was also the creditor in the bill. The Lords found, in consequence of some former decisions, that the bill was void and null; and, this day, they adhered, though a very strong circumstantial proof was offered, consisting partly of written and partly of parole evidence, to prove that there was here a debt constituted by a former bill given up when the bill in question was granted. This carried but by a majority of one.
The electronic version of the text was provided by the Scottish Council of Law Reporting