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Scottish Court of Session Decisions >>
Campbell v Cockburn. [1728] Mor 11434 (7 December 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor2711534-209.html Cite as:
[1728] Mor 11434
Payment being made, who understood to have advanced the Money.
Campbell v. Cockburn
Date: 7 December 1728 Case No. No 209.
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The question occurred about a bill accepted by two debtors, retired with a blank indorsation, and found in the custody of one of them, whether this possession did not imply that the money was paid by him alone, so as to found an action of relief against the other, or whether the presumption must run, that both contributed equally to the discharge, since it did not relate to either in particular? The last presumption was sustained. See Appendix.
