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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clerk v Bennet. [1628] 1 Brn 269 (22 November 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Clerk
v.
Bennet
22 November 1628 Click here to view a pdf copy of this documet : PDF Copy
Bennet gives a bond to four men in Kirkaldie, obliging him, betwixt and a certain day, to report a discharge of a bond made by him to a merchant in Middleburgh, under the pain of 500 merks, which the said merchant had assigned to a merchant in Kirkaldie, called Clerk; and the said Bennet alleged, that he had paid the debt to the cedent. The said four men registrate Bennet's bond, and charge for the penalty of 500 merks, seeing he reported not the discharge mentioned in the said bond. The defender suspends, and alleges, The chargers had no interest. The Lords gave him a day yet to report the acquittance; and if he failed therein, they would consider what to decern anent the penalty.
Page 149.
The electronic version of the text was provided by the Scottish Council of Law Reporting