Scottish Court of Session Decisions

Subject_1 PART I.

BILL OF EXCHANGE.

George Grant
v.
Donald Cruikshanks

Date: 19 December 1769
Case No. No. 1

Inhabile transmission of a bill.

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Low being indebted to Grant, procured he acceptance of Lieutenant Grant, who again was Low's debtor, to a bill for part of the sum he was due to Grant; but instead of signing the bill himself as drawer, and then indorsing it to Grant, Low delivered the document the day after he had procured the acceptance to Grant, who either then, or some time after, adhibited his name as drawer. Cruikshanks, a creditor of Low's, having arrested in the hands of Lieutenant Grant, a multiplepoinding was raised, and a competition ensued between Cruikshanks the arresting creditor and Grant the holder of the bill. The Lord Ordinary found, “That as this bill was accepted as payable to Low, the intended drawer, Low's giving that bill to George Grant his brother-in-law, that he might sign as drawer, was not a habile method of transmitting the contents to George, and therefore prefers Donald Cruikshanks on his arrestment.” And to this interlocutor, upon advising a petition and answers, the Court adhered.

Lord Ordinary, Auchinleck. For Grant, Wight. Clerk, Pringle. For Cruikshanks, Maclaurin. Fac. Coll No. 10. p. 25.