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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Reynard Cassinbroote v Captain Irvine. [1634] 1 Brn 201 (11 February 1634) URL: http://www.bailii.org/scot/cases/ScotCS/1634/Brn010201-0467.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Reynard Cassinbroote
v.
Captain Irvine
11 February 1634 Click here to view a pdf copy of this documet : PDF Copy
Reynard Cassinbroote, Dutchman, pursued Captain Irvine for payment to him of 500 guilders, conform to his bond. Alleged, The bond was null, wanting witnessess. Replied, Referred the verity of the subscription to the defender's oath. Duplied, Not sufficient, except it were referred likewise to him, whether it was truly owing or not. The Lords thought, that, in respect the summons bore that he had given bond for such a sum, which rested yet unpaid, the defender could not give his oath upon any one part of the libel, but upon the whole as it stood; and that therefore he should depone as well upon the verity of the debt, as of the subscription.
Page 72.
The electronic version of the text was provided by the Scottish Council of Law Reporting