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Scottish Court of Session Decisions >>
Anne Drummond v Creditors of James Drummond. [1785] Mor 1445 (8 February 1785)
URL: http://www.bailii.org/scot/cases/ScotCS/1785/Mor0401445-047.html Cite as:
[1785] Mor 1445
A bill not subscribed by the drawer, sustained as a document of debt.
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James Drummond Subscribed as the acceptor of a bill drawn in these terms:
“Against Martinmas next, pay to Anne Drummond, or order, the sum of 1035 merks, for value.”
But there was no subscription of the drawer.
It was objected by the other creditors of James Drummond, That a bill not subscribed by the drawer, though accepted, could not be sustained as a ground of debt.
But as the creditor's name was inserted in the body of the bill in question, and thus there occurred all the essential requisites of a promissory note,
The Court repelled the objection.
Alt. Drummond.Act. Dickson.Clerk, Menzies. Stewart.
Fol. Dic. v. 3. p. 76. Fac. Col. (Appendix.) No 7. p. 11.
