Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 BILL.

Calendar
v.
Fiddes

Date: 3 March 1775

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Calendar, as indorsee to a bill for £9, granted by Fiddes to King, gave Fiddes a charge for payment: Fiddes suspended, and inter alia pleaded, that the subscription of King as drawer, and also as indorser, was not his subscription, but adhibited by his wife; and, therefore, that Calendar was not a regular indorsee to a regular bill; but that, at the least, it was only a document of debt by him to King, against which lay every exception of compensation, &c. Answered,—King's wife had authority from the husband to do so, and was in use to do so; and though such practice is not frequent in Scotland, yet it is common in England, as appears from Cunningham's Treatise on Bills, and a case in Modern Reports, Vol. XII, p. 564. Answered,—Such practice is even not common in England; it is indeed so as to indorsations, but not as to signing as drawer, which is infinitely more dangerous: and as to Scotland, an appeal was made to merchants, that no such practice is known, either as to drawer or indorser, (3d March 1775.) The Lords found the letters orderly proceeded, and gave expenses. This last upon circumstances.