Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

John Harper
v.
David Jaffray

Date: 16 February 1630

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David Jaffray, by his ticket subscribed by him, (without witnesses,) granted himself to be owing to a French merchant in Roanne, 1100 francs. The Frenchman made assignation thereof to John Harper, who pursued David for it: Alleged, The bond was null, wanting witnesses, and not designing the name of the writer: likeas further, he denied that it was his subscription. Replied, for the nullity, Not receivable; it being a French bond made to a stranger, who is not to be bound by our laws; likeas, he offered to prove, that it is the custom of Normandy to sustain such bonds and give action upon them. And, as to his denial that it was his subscription, he cannot be heard; but he ought to improve it. Duplied, The means of improbation was taken away, the bond wanting witnesses; but the pursuer should approve it. The Lords repelled the exception, in respect of the reply, the pursuer proving the custom alleged.

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