Scottish Court of Session Decisions

Subject_1 PERSONAL OBJECTION.

Mr Garden of Troup
v.
Mr Thomas Rigg of Morton, Advocate

Date: 26 November 1743
Case No. No 27.

A lawyer and trustee cannot object to the form of a bill granted by him to the person who trusted him.

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Amonst the various questions which occurred betwixt these parties, the defender objected to two bills granted by him to Mr Arrot, that the same tore annualrent from the date, and penalty, consequently were null, conform to a late decision. (See Bill of Exchange.)

Answered; That it deserved to be considered, whether the rule lately laid down ought to be followed with respect to bills granted long before the date of that decision, and at a time when it was vulgarly believed that such addition did not vitiate bills;

2do, In this particular case a peculiar answer occurred, arising from the circumsances of the parties, which behoved to remove the objection, viz. that the defender, at the time of granting the bills in question, was Mr Arrot's friend and lawyer, so could not object to his own deed, for these bills behoved to be considered to be the defender's deeds, as much as Mr Arrot's, who was no lawyer, and trusted the defender that he would not give him an informal security for his money.

The Lords found, that the defender being, at the date of these bills, ordinary lawyer and trustee to Mr Arrot, was thereby debarred from objecting against the form of the bills.

Fol. Dic. v. 4. p. 79. C. Home, No 251. p. 405.