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Scottish Court of Session Decisions >>
The Town of Aberdeen v Robert Martin of Burnbrae. [1714] Mor 16421 (29 January 1714)
URL: http://www.bailii.org/scot/cases/ScotCS/1714/Mor3716421-027.html Cite as:
[1714] Mor 16421
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In the discussing of the suspension of a charge at the instance of the Town of Aberdeen against Robert Martin, for payment of L. 1000, and bygone annual-rents thereof contained in a bond granted by the said Robert Martin to the Dean of Guild of the said burgh; the Lords found usury not incurred by the granting one discharge for a year's annual-rent of the said L. 1000 from Lammas 1709, to Lammas 1710, and another discharge of annual-rent thereof from Whitsunday 1710, till Whitsunday 1712; for the granting of two discharges for one year's or term's annual-rent by mistake, doth not oblige the discharger to impute the additional sum received in payment of the principal, whereas usury is the taking wittingly more annual-rent for one year or term than law doth allow.
