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Scottish Court of Session Decisions >>
More v Paxton. [1766] Mor 12259 (9 December 1766)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/Mor2912259-007.html Cite as:
[1766] Mor 12259
Arrestment, whether preferable to the indorsation of a promissory note? The privileges of bills are now extended to promissory notes.
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An arrestment of the sum in a promissory note, laid in the hands of the debtor in the note, and proceeding upon the debt of the original creditor, was found preferable to an indorsation blank in the date, there being no sufficient evidence that the indorsation was prior to the arrestment.
It is unnecessary to resume the debate, whether promissory notes fall under the act of Parliament concerning blank writs, if they were transmissible by indorsation, and, in general, if they were entitled to the other privileges of bills of exchange, which are now extended to them by the act 12th George III. ch. 72.
For the Indorser, Maclaurin.Alt. H. Dundas
Fol. Dic. v. 4. p. 154. Fac. Col. No 49. p. 278.
