Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 YULE VACANCY.

Sir William Bennet of Grubet,
v.
James Peutherer

Date: 3 January 1677

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Sir William Bennet of Grubet, convenes James Peutherer and his wife, upon the edictum prætoris, “Nautce, caupones, stabularii” ut recepta restituant, to restore him a cloak he had laid in there, and which, by the merchant's account, produced, stood him L63, Scots; she depones she received it, and laid it in a close room, and afterwards gave it out to her servant to be given back.

The Lords advising this oath, found the husband liable; but in regard it was an used cloak, they modified the value to 60 merks.

Advocates' MS. No. 527, folio 271.