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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Surrariers and Downam v Mary Gardines. [1650] 1 Brn 467 (15 January 1650) URL: http://www.bailii.org/scot/cases/ScotCS/1650/Brn010467-1260.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Surrariers and Downam
v.
Mary Gardines
15 January 1650 Click here to view a pdf copy of this documet : PDF Copy
Mary Gardines, as executrix to her husband, Thomas Binning, being pursued by Surrariers and Downam, merchants of Amsterdam, for the price of certain wares coft by him, according to his ticket; did except against the ticket, That it did not design the writer's name, nor was subscribed before witnesses, according to our law. But the Lords repelled the same, in respect of a former practick, wherein the custom of that country was proven to be, betwixt merchant and merchant, without such solemnities. Yea, I could think, that she who was confirmed executrix-creditrix to her husband for implement of her contract of marriage, should not be preferred to strangers, who know not such customs as ours are; dum sequuntur fidem popularium nostrorum.
Page 163.
The electronic version of the text was provided by the Scottish Council of Law Reporting