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Janet Cochran, Relict of James Allan Writer in Edinburgh, v John Pringle, Litster there. [1709] Mor 12714 (20 July 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor3012714-606.html Cite as:
[1709] Mor 12714
Janet Cochran, Relict of James Allan Writer in Edinburgh, v. John Pringle, Litster there
Date: 20 July 1709 Case No. No 606.
A bill with a receipt of contents, written and subscribed by the creditor, and found among his papers after his death, not sufficient to exoner the debtor, in respect law presumed that the receipt was written spe numerandæ pecuniæ, and that payment was never made, seeing the bill and receipt were undelivered.
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In the action at the instance of Janet Cochran, as having righs to all her husband's moveable debts, against John Pringle, for payment of L. 90 Scots contained in a bill drawn by David Forrester upon, and accepted by the defender, payable to James Allan the pursuer's husband; the Lords found it not relevant to assoilzie the defender, that the pursuer's husband had written and subscribed upon the bill a receipt of the contents; in respect the bill with the receipt upon it was found among the husband's papers after his death; and therefore the receipt was presumed to have been written spe numerandæ pecuniæ, and not being delivered, law presumes that payment was never made.
