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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archibald Merser v James Hay and William Stevinsone. [1649] 1 Brn 401 (30 June 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010401-1061.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Archibald Merser
v.
James Hay and William Stevinsone
30 June 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension by Archibald Merser against James Hay and William Stevinsone, the reason of doing diligence for recovery of money from one Averie in Germany, was sustained; because, although his back-bond bore, that he should return that Averie his bond uncancelled or discharged, betwixt and such a day, or else the whole monies, yet the suspender may be thought to have done what lay in him, since, at the commission-directing, the said Averie was bankrupt; so that the charger could have gotten nothing by his bond; and the suspender did such diligence, as he got near 400 ounces of silver plate from the bankrupt his wife. And, 4th July, it was found, That he had done friendly, both in accepting of the commission, and doing for his friend what he would have done for himself; especially, by Averie his letter, produced by the charger, it was declared, that the silver plate was the goods wherefor the bond had been given by Averie.
Page 30.
The electronic version of the text was provided by the Scottish Council of Law Reporting
