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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Broatch v. Jenkins [1867] ScotLR 3_309 (15 March 1867) URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0309.html Cite as: [1867] ScotLR 3_309, [1867] SLR 3_309 |
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( ante, p. 121)
New trial granted, on ground that a verdict was not supported by evidence.
This case was tried on the 18th and 19th December last, before Lord Barcaple and a jury, under the following issue, viz.:—
“Whether the defender. David Jenkins. By fraudulent misrepresentation as to the number and extent of the accounts and amount of the balance, claimed by him from the defender, James Rankine, induced the pursuer to become a party to the minute of reference No. 29 of process as cautioner for the said James Rankine?”
The jury, by a majority of 9 to 3, found for the pursuer.
Burnet for the defender, moved for a rule, which was granted.
Macdonald, for the pursuer, showed cause.
Pattison replied.
The Court (Lord Deas dissenting) made the rule absolute, on condition of the defender paying the expenses of the first trial. The majority were of opinion that, assuming every word of the pursuer's testimony, it did not establish what he had undertaken to prove. There was therefore no evidence to support the verdict.
Agent for Pursuer— Robert Johnston.
Agent for Defender— James Somerville, S.S.C.
