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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nicoll Campbell v Andrew Haddon. [1671] 1 Brn 628 (17 February 1671) URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn010628-1565.html Cite as: [1671] 1 Brn 628 |
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[1671] 1 Brn 628
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Nicoll Campbell
v.
Andrew Haddon
17 February 1671 Click here to view a pdf copy of this documet : PDF Copy
In a suspension, raised at the said Nicol's instance, of a charge on a bond granted by him, for the sum of £1900, upon this reason,—That the suspender being nowise debtor to the charger, for his own debt, but at the desire of Samuel Meikle, a goldsmith, he became cautioner to the charger; and the bond being drawn blank, he being an illiterate man, who could neither read nor write, he only gave orders to the two notaries to subscribe for him, upon express condition
and communing that there should no more be filled up in the blank but £800; which he offered to prove by writer and witnesses, and all that were present at the communing. It was answered for the charger, That the bond, being his delivered evident, and whereupon he had used execution, could not be taken away [excepting] scripto vel juramento.
The Lords, before answer, did ordain the writer and witnesses, notaries and communers, to be examined ex officio; in respect that the suspender was an illiterate man, and that the bond was subscribed blank in the sum: But, after the depositions were taken, the only presumption insisted on being that the letters of apprising, raised against Samuel Meikle, were only for the sum of £800, which was the cause of his engaging, that he might take off that distress; in respect that the said Nicoll could not produce the said letters of apprising, because they were retired by the said Nicoll, or Samuel Meikle's agent, and the bill taken off the signet, upon a discharge of the apprising granted by the charger; and that the charger did instruct, that Samuel Meikle was truly debtor to him in the whole sums contained in the bond: Therefore the Lords found the letters orderly proceeded for the whole sum contained in the bond; unless the suspender would take it away by the oath of the charger.
Page 158.
The electronic version of the text was provided by the Scottish Council of Law Reporting