THE COMMERCIAL BANK v THOMAS PATON (Court of Session)

Thomas Paton was acting trustee on the estate of George Pentland. Edward Sandeman was appointed trustee in succession to him. In managing the affairs, these trustees were in the use of raising money by discounting bills drawn upon each other, or by means of promissory-notes which were made payable by the one to the other; and in this way, as was alleged, the following promissory-note, holograph of Paton, and libelled on, was granted by Paton to Sandeman:

‘L.1675, 16s. sterling. Edinburgh , 13 th June 1834.—Five months after date I promise to pay to Edward Sandeman, Esq. or order, at my office, Sixteen hundred and seventy-five pounds and sixteen shillings sterling, for value in trust-account for Mr Pentland . (Signed) Tho. Paton.’

The Lord Ordinary pronounced the following interlocutor and note: ‘Repels the defences proponed for the defender, Paton, and the compearer, George Pentland, and decerns in terms of the conclusions of the libel: Finds expenses due.’

The defender reclaimed , offering to prove that the bill, as it originally stood, was an individual obligation, and not intended to found liability to the bank over Pentland's estate.

Lord Medwyn .—I have great difficulty in getting over the list of bills holograph of Paton, as proving that the bill was drawn on account of Pentland's estate. The insertion of the words, ‘for Mr Pentland,’ was a mere addition in explanation, and the stamp laws do not affect this. If it would be more satisfactory, I have no objections to allow a proof.