Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

Thomas Pampin
v.
James and William Melville

Date: 5 January 1665

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Thomas Pampin, Englishman, pursues James and William Melville for £500 sterling, conform to an English bond.

It was alleged Absolvitor, because they did make the pursuer assignee to their proceedings of their adventures in the Barbadoes and Geneva, towards payment of the sums pursued for. Conform thereto, the pursuer has intromitted with as much as will satisfy the sum acclaimed; at least the major part thereof; and therefore the pursuer ought to count and reckon.

To which it was answered, Ought to be repelled, in respect the pursuer's bond is clear and simple; and the allegeance is only relevant scripto vel juramento partis.

The Lords found the allegeance relevant, founded upon the assignation, probable by the pursuer's oath; and ordained them to give in a special charge of the particulars assigned; at which time the Lords would determine the manner of probation of quantities and prices intromitted with by the pursuer: for it was then alleged, that, as the assignation was probable by the pursuer's oath, so [is] his intromission with the quantities and prices, and not by witnesses; albeit the bond was an English bond, and granted in England.

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