Scottish Court of Session Decisions

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

John Coupar
v.
George Heriot

Date: 11 November 1681

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In the action pursued by John Coupar, for Mr Henry Blyth's behoof, against George Heriot, for payment of several sums of money, contained in Lieutenant-Colonel George Heriot's bonds, (to whom he was heir,) whereto they had procured assignations; of which bonds sundry wanted witnesses, and so they were admitted to prove them holograph, and to supply and adminiculate the subscription to be his: and they having accordingly adduced witnesses, and their depositions being advised this day, The Lords found it proven, by the witnesses and writs produced, that the five bonds and tickets libelled and denied, viz. the bond granted to Mr George Gibson, to John Ramsay, James Park, James Balmain, and John Robertson, also the account due to Andrew Cassie,—were either holograph, written and subscribed by the defunct George Heriot, atleast Cassie's account was subscribed by him. And find Mr Henry Blyth's oath does not prove the allegeance referred thereto, anent the eases, abatements, and compositions he got from the respective creditors when he paid them; and which eases would have accresced to the said George, because the said Mr Henry transacted only as his factor; and therefore decerned.

But on a bill given in by George, the Lords, on the 16th of November, ordained Mr Henry to be examined anent the eases he got, because he had only deponed as to one creditor called Bennet; and in the meantime stopped the decreet.

Vol. I. Page 161.