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Sir John Hall of Dunglass v Bailie Alexander Brand. [1693] Mor 6802 (17 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Mor1606802-005.html Cite as:
[1693] Mor 6802
Sir John Hall of Dunglass v. Bailie Alexander Brand
Date: 17 January 1693 Case No. No 5.
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The Lords shunned that question, Whether the L.500 Scots as the exchange, at 10 percent. should bear annualrent? for the act 1681, cap. 20. allows damage and interest when exchange is not paid, but here it was converted into a bond; so the question was stated, if Provost Hall could ascribe the partial payment made to him by Bailie Brand to the annualrent and exchange in the first place, and to the principal sum only after both, or if the exchange should come ultimo loco; and the Lords found, he might impute it to the exchange before the principal sum, and that the said method was the most natural way of counting. See Duck against Maxwell, No 7. p. 6804.
Fol. Dic. v. 1. p. 461. Fountainhall, v. 1. p. 546.
