Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

John Waldo
v.
William Arnote

Date: 8 January 1650

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In the action, John Waldo against William Arnote, wherein Waldo suits the executor of George Arnote for payment, not only of sixty score pounds sterling, contained in a bond obliging to pay, but also of other sixty, related in the narrative thereof, as aughting by another bond, which should have been paid before this, which was alleged to have been lost or miscarried coming from London by packet to Robert Ingles, and therefore action had been intented before the sheriff of Edinburgh in anno 1645; referring the same to the said George his oath: which he essonyied to give, upon that, That the procuratory was but general, and he had no special power to refer it to oath, if perchance the foresaid bond might come again into the hands of Waldo. The Lords thought fit, before answer, to try Robert Ingles, the executor himself, Mr John Gilmour, procurator for the said George, and also George Arnot, Waldo, and his copartner, their books of accounts.

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