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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Davie v David Kennoway. [1672] 1 Brn 662 (16 November 1672)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: James Davie
v.
David Kennoway
16 November 1672 Click here to view a pdf copy of this documet : PDF Copy
Davie being charged upon his bond, for payment of debt due by James Cassils to Kennoway, in respect he had not imprisoned him in the tolbooth of Linlithgow, upon the 24th of February thereafter, conform to his bond for that effect, did Suspend, upon that reason,—That he had fulfilled the condition, by entering the said James Cassils, prisoner in the tolbooth, within two days thereafter.
It was answered, That the bond being peremptory as to that day, the failure could not be purged by any posterior performance.
The Lords did find, That the performance was sufficient to purge the failure; unless the charger would allege that he was prejudged and damnified, or that Cassils was in a worse condition the day of his imprisonment than he was the precise day contained in the bond; for the adjection of a special day in bonds, can only resolve in damage and interest, where the fact itself is truly done and performed.
Page 277.
The electronic version of the text was provided by the Scottish Council of Law Reporting