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Scottish Court of Session Decisions >>
Sir Hugh Dalrymple of North-Berwick v Alexander Ross Solicitor in London. [1737] Mor 4819 (18 November 1737)
URL: http://www.bailii.org/scot/cases/ScotCS/1737/Mor1204819-033.html Cite as:
[1737] Mor 4819
Sir Hugh Dalrymple of North-Berwick v. Alexander Ross Solicitor in London
Date: 18 November 1737 Case No. No 33.
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A promissary note of L. 200 alleged accepted by a Scots gentleman when abroad, being sent to this country, and payment demanded, the gentleman, by a summary application setting forth, that the person in whose hands it was, and who made the demand, was a London attorney, and about to leave the country, obtained the promissary note to be sequestrated as a forged deed, and thereafter went on in an improbation. Sometime thereafter the attorney made an application to the Court of Session to have the note restored, alleging, That he had given his obligation to restore the note, or pay the contents; and the Lords, in respect the creditor in the note was not subject to the jurisdiction of this Court, and that no judicial demand was made thereon to found a jurisdiction, therefore ordained the note to be delivered back to the petitioner. See Appendix.
