Consent of a dumb man not inferred from his subscribing a discharge by the initial letters of his name, the money for which it was granted, being delivered, not to himself, but to his sister, in his preasnce.
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This dumb man having right to an annualrent of L. 20 yearly out of a tenement in Glasgow, thereupon Hamilton, his creditor, having arrested, and obtained decreet for payment of this annualrent, in satisfaction of the dumb man's debt, it was alleged for the person whose bond was liable for the annualrents, absolvitor for five year's thereof, because he had paid these years to the dumb man's sister by his consent; in so far as he delivered the money to the sister in presence of the dumb man, and obtained her discharge thereupon in his name, subscribed also by him, with the initial letters of his name. —It was answered, non relevat, because the discharge bore not that the dumb man received the same, but his sister; and bears, that she is obliged to warrant it at the dumb man's hand; and his presence, and seeing of money delivered, and his subscription, cannot import his consent, because he being dumb, could not. know what the extent of the sum was, nor for what years it was.
The Lords repelled the defence in respect of the reply.
