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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Peterborrow v Mrs Murray. [1745] 1 Elchies 111 (25 June 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Elchies010111-002.html Cite as: [1745] 1 Elchies 111 |
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[1745] 1 Elchies 111
Subject_1 CONDICTIO INDEBITI.
Earl of Peterborrow
v.
Mrs Murray
1745 ,June 25 .
Case No.No. 2.
Click here to view a pdf copy of this documet : PDF Copy
We generally agreed that if this receipt and obligement had only borne a discharge, no action or condiction would have lain against Mrs Murray, and even as the case stood, had Earl Peterborrow knowingly omitted to found upon it to extinguish the account; but as his only fault was that he trusted Mr Somervell's account to be full and fair, and as the writing contained also an obligement on Mr Somervell to account,—therefore sustained process, and found the defender his daughter liable, as the payment was made only to her husband as having right jure mariti.
The electronic version of the text was provided by the Scottish Council of Law Reporting
