BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Town of Aberdeen v Robert Martin of Burnbrae. [1714] Mor 16421 (29 January 1714)
URL: http://www.bailii.org/scot/cases/ScotCS/1714/Mor3716421-027.html
Cite as: [1714] Mor 16421

[New search] [Printable PDF version] [Help]

[1714] Mor 16421      

Subject_1 USURY.

The Town of Aberdeen
v.
Robert Martin of Burnbrae

Date: 29 January 1714
Case No. No. 27.

Click here to view a pdf copy of this documet : PDF Copy

In the discussing of the suspension of a charge at the instance of the Town of Aberdeen against Robert Martin, for payment of L. 1000, and bygone annual-rents thereof contained in a bond granted by the said Robert Martin to the Dean of Guild of the said burgh; the Lords found usury not incurred by the granting one discharge for a year's annual-rent of the said L. 1000 from Lammas 1709, to Lammas 1710, and another discharge of annual-rent thereof from Whitsunday 1710, till Whitsunday 1712; for the granting of two discharges for one year's or term's annual-rent by mistake, doth not oblige the discharger to impute the additional sum received in payment of the principal, whereas usury is the taking wittingly more annual-rent for one year or term than law doth allow.

Forbes MS. p. 70.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010