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James Slumond having charged James Wood of Grange, to pay a sum wherein he was cautioner for the Laird of Balcaskie, to William Smith merchant in Edinburgh, who constituted Richard Potter assignee, who transferred the same to the said James Slumond, and suspends; the reason of suspension was, because this bond was paid, and retired by Balscaskie the principal debtor, who took a blank translation thereto, from Potter the assignee, which translation, with the bond itself, were surreptitiously taken out of his coffer by James Hay, who filled up this charger's name therein; likeas, the suspender produced a declaration of Potter, that the sum was paid to him by Balcaskie, and therefore the suspender craved, that the oaths of this charger, the said James Hay, and Potter, and also the witnesses who were present at the payment of the sum, might be taken before answer.
Which the Lords granted, albeit the charger had the translation for an onerous cause.
