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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Luke Stirling v Kathrine Gray. [1673] 1 Brn 687 (10 June 1673)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Luke Stirling
v.
Kathrine Gray
10 June 1673 Click here to view a pdf copy of this documet : PDF Copy
In a suspension, raised by Kathrine Gray, who was charged upon a bond of an hundred and fifteen pounds, upon this reason,—That she was minor the time of the granting thereof, and a servant to the said Luke, as taverner, not being authorised, and being but a young maid:—
It was answered, That the charge could neither be suspended, nor the bond reduced, upon that reason; for she being then intrusted, and taking upon her, as taverner, to vend the charger's wine and ale, and having employed that sum, for which the bond was given, for her own use, w hich she should have paid after count and reckoning, it was just to take this bond.
The Lords having considered this as a case of general concernment, found, that, unless [the suspender] could allege fraud or force, the letters could neither be suspended nor the bond reduced.
Page 333.
The electronic version of the text was provided by the Scottish Council of Law Reporting