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. V.

The Drawer's Subscription.

A
v.
B

1750. July.
Case No. No 43.

Found that a writer cannot give horning on a bill, wanting the subscription of the drawer.

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The Ordinary on the Bills reported a doubt, stirred by a writer to the signet, Whether he ought to give horning on a bill, which, though it bore the drawer's name in the body of the bill, had not his subscription to it; and the Lords were of opinion, ‘That he ought not to give horning on it.’ For though it might be true, that the bill might be holograph, in which case the drawer's name in the body of the bill was equal to a subscription, yet still it would not justify the giving horning; for if it required a proof of holograph, to support the bill; that was reason enough for not giving horning; as a writer cannot give horning, but on a writ ex facie valid.

Fol. Dic. v. 3. p. 76. Kilkerran, (Bill of Exchange.) No 24. p. 88.