Mackenzie v British Linen Co Bank: HL 11 Feb 1881

Forgery – Bill – Assent to Forged Signature.
Forgery – Adoption – Bill – Mere Silence will not Infer Adoption.
Held, upon a proof ( rev. judgment of the Court of Session) that a person whose signature had been appended by another to a bill had not authorised or assented to that signature.
Held ( rev. judgment of the Court of Session) that continued silence on the part of a person whose signature to a bill has been forged, after repeated intimations have been made to him by the bank which has discounted the bill that it has fallen due, will not render him liable for the contents of the bill, unless the position of the bank is thereby prejudiced.

Judges:

Lord Chancellor (Selborne), Lords Blackburn and Watson

Citations:

[1881] UKHL 333, 18 SLR 333

Links:

Bailii

Jurisdiction:

Scotland

Banking

Updated: 30 June 2022; Ref: scu.636789