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Scottish Court of Session Decisions >>
Lawrie v Reid. [1712] Mor 12284 (9 July 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor2912284-040.html Cite as:
[1712] Mor 12284
A writ, where the sum was changed from a less to a greater, not allowed to be supported by evidence, to any extent.
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Thomas Reid, Clerk of Dalkeith, being debtor by bond to Alexander Lawrie, merchant there, in 1000 merks, and being charged, it was suspended on the reason of arrestment, and other grounds; but the arresters having consented, decreet went forth, and partial payments followed; but, in their accounting, a difference arose about a discharge bearing L. 30 Sterling, whereas, Lawrie contended it was only L. 13, and that the word thirteen, by manufacture, was turned into thirty, and offered to improve it as false, altered, and vitiated; whereon the Lords put them both under caution, Lawrie the charger to insist in his complaint, till the final termination of it; and Reid, that he should answer all the diets of process; and allowed either party a diligence to cite the instrumentary witnesses, and others, to clear the matter of fact, viz. for Lawrie to prove that the receipt quarrelled was only granted for L. 13 Sterling, and Reid to astruct its verity, and that truly L. 30 Sterling was paid down at that time; and, accordingly, the witnesses in the discharge deponed they saw no more but L. 13 Sterling. Two extraneous witnesses adduced by Reid deponed, that they were present at a counting betwixt them, where Lawrie acquiesced that he had got the whole L. 30 Sterling. This probation coming to be advised, Lawrie alleged, That he had fully canvelled and redargued the verity of the discharge, and by the only proper competent witnesses present at the numeration; whereas, the others deponed on words they might easily mistake for an acquiescence, where there was none; and he appealed to the writ, which, ex facie, condemned itself; and in the quotation on the back, 13 was manifestly converted to 30; and if it were true, then Reid had paid L. 100 more than he owed, this being joined to the other partial payments, which none will believe of one of Mr Reid's stamp. Answered, All this dust is merely the effect of malice and revenge; for Mr Reid having discovered Lawrie's accession to the forging a disposition by one Pringle, he out of pique has raised this clamour, though he knows he got no less money than the discharge bears, and acknowledged the same before the two witnesses he has adduced: And it is unaccountable insolence in him to defame Mr Reid, who has carried himself candidly in two employments, as Sheriff-clerk of Haddington, and Regality-clerk of Dalkeith; and his good name and reputation are more sacred than to be so rudely attacked.—The Lords did each of them take inspection of the discharge, one by one, and seemed convinced that 13 was made 30; and, therefore, found it improbative. And the question being started, If it was not at least good for the L. 13 Sterling? the Lords found it could not prove for a sixpence, being vitiated; but he would get Lawrie's oath as to the payment of that L. 13 Sterling, and where papers are unduly touched, they were in toto null.
