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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Grierson v Earl of Sutherland. [1727] Mor 1469 (28 June 1727)
URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor0401469-063.html
Cite as: [1727] Mor 1469

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[1727] Mor 1469      

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION I.

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

Indorsation.

Grierson
v.
Earl of Sutherland

Date: 28 June 1727
Case No. No 63.

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In this case, of which the particulars are stated, No 50. p. 1447. a bill drawn, payable to a third party, bore this clause, ‘This, with the porteur's receipt, shall oblige me to repay the like sum to you, or your order.’ The acceptor having paid the bill, indorsed the obligation for repayment; and, in a process at the indorsee's instance against the drawer, it was pleaded, that the indorsation was a valid transmission, not only because the obligation was contained in a bill, but that all obligations whatever are transmissible by indorsation; an indorsation being truly a bill. The Lords sustained the pursuer's title, in respect the obligation to repay was engrossed in the bill, and that the assignation implied an assignation.

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

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor0401469-063.html