M'Intyre v. The National Bank of Scotland, Ltd [1909] ScotLR 234 (21 December 1909)

M'Intyre v. The National Bank of Scotland, Ltd [1909] ScotLR 234 (21 December 1909)

Where a party seeks to enforce a non-probative bill of exchange and the genuineness of the signature is disputed, the burden of proof lies on the party seeking enforcement to prove the signature is genuine. The National Bank failed to discharge this burden.

Citation
[1909] ScotLR 234
Parties
Complainer (respondent): Duncan M'Intyre; Respondents (reclaimers): The National Bank of Scotland, Limited
Jurisdiction
Scotland
Judgment Date
21 December 1909
Procedural Posture
Note of Suspension (civil) / Inner House, First Division, on Reclaiming Motion (appeal)
Outcome
Suspension of the charge adhered to; appeal dismissed.
Legal Topics
Bills of Exchange, Forgery, Burden of Proof, Non Probative Writs
Commercial Law Banking Law Evidence Bills of Exchange Forgery Burden of Proof Non Probative Writs

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Parties

Duncan M'Intyre

Complainer (respondent)

The National Bank of Scotland, Limited

Respondents (reclaimers)

Procedural Posture

Note of Suspension (civil) / Inner House, First Division, on Reclaiming Motion (appeal)

Legal Issues

  1. 1 Who bears the burden of proof regarding the genuineness of a signature on a non-probative bill of exchange when its authenticity is disputed?
  2. 2 Whether the National Bank of Scotland, Limited, proved that the signatures on the bill were those of Duncan M'Intyre.

Ratio Decidendi

Where a party seeks to enforce a non-probative bill of exchange and the genuineness of the signature is disputed, the burden of proof lies on the party seeking enforcement to prove the signature is genuine. The National Bank failed to discharge this burden.

Court Disposition

Suspension of the charge adhered to; appeal dismissed.

Orders

  • The charge and all grounds and warrants thereof are suspended.
  • No payment required from M'Intyre to the National Bank of Scotland, Limited, under the disputed bill.