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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hyde v Williamson. [1634] Mor 4447 (7 February 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor1104447-012.html
Cite as: [1634] Mor 4447

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[1634] Mor 4447      

Subject_1 FOREIGN.
Subject_2 DIVISION II.

Transactions in a Foreign Country, will be judged of, as to Proof and Effect, by the Law of the Place, so far as founded in the jus gentium, not where merely statutable.
Subject_3 SECT. I.

Payment.

Hyde
v.
Williamson

Date: 7 February 1634
Case No. No 12.

Found as above.


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An Englishman, Hyde, pursues Williamson, Scotum, for payment of a certain sum of money which he was obliged to pay him by a bond made at London, at a certain day. The defender offered him to prove that the sum was paid. It was duplied, That the bond being made in England, to an Englishman, might be proven by witnesses, as use is in England; which the Lords sustained.

Fol. Dic. v. 1. p. 317. Auchinleck, MS. p. 17.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor1104447-012.html