Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION I.

Of the Object, Nature, and Requisites of Bills.
Subject_3 SECT. IX.

Acceptance.

Man
v.
Wales

Date: 25 June 1702
Case No. No 68.

Acceptance not presumed of the date of the bill.

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In a reduction, upon the act 1696, of a disposition granted by a creditor, as in prejudice of the pursuer, a prior lawful creditor, it was objected, That the pursuer was not a prior lawful creditor, being creditor by a bill drawn the same day the disposition was granted; and accepted without a date. Answered, The acceptance must be presumed of the same date with the bill; being among parties living in the same town.——The Lords refused to sustain this presumption.——(See The particulars, p. 1006, 1083, and 1183.)

Fol. Dic. v. 1. p. 97.