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Scottish Court of Session Decisions >>
The Duke of Queensberry v Wilson of Spango. [1688] Mor 3548 (31 July 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor0903548-007.html Cite as:
[1688] Mor 3548
Discharge of one Correus how far it operates in favour of others.
The Duke of Queensberry v. Wilson of Spango
Date: 31 July 1688 Case No. No 7.
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The Lords decided the cause betwixt the Duke of Queensberry and Wilson of Spango, a papist, who was pursued by the Duke to count for some years' rents, wherein he was his chamberlain. The defence was, I was only employed as a factor under Mr George Blair, who was the principal chamberlain; and you have discharged Mr George, which must accresce to liberate me. Answered, Any discharge given Mr George was without a previous counting, and only given as a personal compliment, when the Duke returned first home from France; and therefore can never exoner the sub-factors who never have counted, either to Mr George or him: The Lords ordained him to count.
1693. February 8.—The Lords found the instructions produced by Spango, of 1600 merks, as an article of his discharge in the account, not fully probative, that the money came to the Duke's use; and the question being stated, whether the Duke's oath or Spango's should be taken thereon, it carried Spango's: But being taken ex officio, they would not hold it as a full probation, but ordained him, also on a diligence, to recover Francis Kinloch's books, if any thing of this was stated there.
Fol. Dic. v. 1. p. 244. Fountainhall, v. 1. p. 516. & 555.
