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.

Urquhart of Burgh-Yards
v.
Alexander Hay

Date: 25 July 1632

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

Urquhart of Burgh-Yards pursued Alexander Hay for to repone him to an assignation which he had delivered to him, and whereunto he had put. Mr John Kinnier's name, without the pursuer's knowledge. Alleged, It was delivered to him blank, to be used at his pleasure. Replied, Ought to be proven. Duplied, He offered to prove that it was delivered blank to him, but he needed not prove the last part, because the delivery of an evident blank in one's hand importeth as much as it is given to his use to whom it is delivered, except the person will prove, by his oath, whose faith he followed in delivering of it so blank, that it was not given him to his own behoof. The Lords found, he should prove not only the delivery of it blank, but likewise that it was given him to his own behoof, and that the presumption was not sufficient.

Next, He offered to prove it by the witnesses inserted in the assignation, and by the writer of the same. Answered, Only probable by writ or oath of party. The Lords, in regard of the delivery of it blank, which made a great presumption for the defender, sustained it to be proven by these witnesses.

Page 80.