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Chatto v Davidson. [1730] Mor 17031 (00 February 1730)
URL: http://www.bailii.org/scot/cases/ScotCS/1730/Mor3817031-317.html Cite as:
[1730] Mor 17031
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Chatto v. Davidson
1730.
February. Case No. No. 317.
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A bill of exchange null as bearing annual-rent and penalty, was found not homologated even by a posterior payment of part of the principal sum; for if it was not good as a bill, it could be considered as nothing but a note neither holograph nor having witnesses, which in our law cannot so much as furnish an action. See Appendix.
Fol Dic. v. 2. p. 554.
*** The direct contrary was found February 1733, Brown against Irvine of Wiseby. See Appendix.
