M'Intyre v. The National Bank of Scotland, Ltd

Subject_1 Proof Subject_2 Onus probandi Subject_3 Fraud Subject_4 Bill of Exchange — Non-Probative Writ. Facts: “The person who proposes to put in force a written instrument which is not in itself probative, must prove it to be genuine if its genuineness is disputed.”

M'Intyre brought against the National Bank a note of suspension of the charge, and averred that the signature “Duncan Macintyre” appearing on the bill as drawn was not his signature but a forgery, and that so also was the alleged indorsement. The genuineness of the signature of the acceptor, Dugald Campbell, was not disputed.

On 25th March 1909 the Lord Ordinary ( Guthrie ) pronounced this interlocutor—“Suspends the charge complained of, and whole grounds and warrants thereof, and decerns.”

Opinion .—“The bill in question is admittedly accepted by Dugald Campbell, farmer, Grainel, Islay; it purports to be dated 16th April 1907, and to be signed by the complainer as drawer and endorser, and it bears to be for £400 at six months' date. The complainer was charged to pay the amount in the bill, and he seeks suspension of the charge. He alleges that the signatures ‘Duncan Macintyre’ on the face, and on the back of the bill, were not adhibited by him or with his authority.

Argued for the complainer (respondent) — The onus was on the reclaimers to prove the authenticity of the bill— Anderson v. Gill ( cit. sup .) Even assuming that prior to that case it had been thought the onus lay the other way, that did not show that the onus was slight. The reclaimers had not discharged the onus on them.