THE DOCTRINE OF PRICE v. NEAL

Authors

Ralph W. Aigler, University of Michigan Law School

Abstract

In 1715 the case of Jenys v. Fawler, et al. came before Lord Raymond at the Guildhall. It was an action by the indorsee of a bill of exchange against the acceptor who offered to prove by witnesses who were acquainted with the drawer's signature and who believed that the signature of the drawer appearing on the bill in suit was not genuine, that the bill really was a forgery. The Chief Justice refused to admit the testimony "from the danger to negotiable notes, and because a man might with design write contrary to his usual method." This indicates that the rejection was based primarily upon the fact that the witnesses proposed to testify that they did not "believe" the signature to be genuine. The court is reported, however, as being "strongly inclined that even actual proof of forgery would not excuse the defendants against their own acceptance which had given the bill a credit to the indorsee."

Recommended Citation

Ralph W. Aigler, THE DOCTRINE OF PRICE v. NEAL, 24 Mich. L. Rev. 809 (1926).
Available at: https://repository.law.umich.edu/mlr/vol24/iss8/4