BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
M'Lurg v The Earl of Dalhousie. [1678] Mor 16970 (2 January 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor3816970-216.html Cite as:
[1678] Mor 16970
A merchant's account found probative by the subscription of the debtor, though without witnesses.
Click here to view a pdf copy of this documet : PDF Copy
John M'Lurg, merchant in Edinburgh, pursues the Earl of Dalhousie as representing his brother Robert Ramsay, for payment of an account of furniture subscribed by the said Robert. It was alleged for the defender, That his brother's pretended subscription could not prove, because it wanted witnesses. It was answered, That bills of exchange and merchants counts are always sustained by single subscription, and are never annulled for want of the solemnities in other solemn contracts. It was replied, That in this account there were some articles for money advanced which cannot pretend that privilege, and the title of the account bears annual-rent, which might have been added ex post facto, and doth require a solemn contract with witnesses. There is also a postscript after the subscription.
The Lords found the merchants count subscribed probative, though without witnesses, although some inconsiderable articles bore “money advanced by the merchant,” but found not his subscription sufficient to instruct annual-rent agreed on; and did not sustain the postscript.
