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Scottish Court of Session Decisions >>
Crawfurd v M'Carter. [1675] Mor 12458 (14 December 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor2912458-297.html Cite as:
[1675] Mor 12458
Found in conformity with Boyd against Story, supra.
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Crawfurd, as assignee by George Hamilton to a bond of 800 merks granted by M'Carter, chargeth him thereupon. He suspends upon a reason of payment, and produceth several discharges, bearing receipts in part of a greater sum. The charger answered, That he offered him to prove, that there was another bond due to the cedent besides this, to which the receipts are ascribable, and produceth the extract of a bond of a greater sum anterior to this bond. It was replied, That the prior bond was cancelled, because, by inspection of the principal, it is evident that the name of one of the cautioners is torn from it, and the witness to his subscription, to hide which it is lately registrated; and it is offered to be proved by the oath of George Hamilton, to whom the prior bond was granted, that it was paid to him otherwise than by the receipts produced. It was duplied for the charger, That the oath of George Hamilton his cedent could not prove against him. It was triplied, That seeing the assignee founds upon another bond to which he is not assigned, whatsoever may take away that bond is competent against him by the creditor's oath.
