[1676] Mor 12708
Subject_1 PROOF.
Subject_2 DIVISION V. Proved, or not proved.
Subject_3 SECT. VII. Payment and Extinction.
Date: Abercrombie
v.
Acheson and Livington
17 February 1676
Case No.No 602.
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A taverner, after she had removed from her master's service and was married, was pursued to count and reckon for ale and wine, which the pursuer offered to prove was laid in in his cellars.
The Lords found, That the pursuer ought to libel and prove that the debt was yet resting; seeing it was to be presumed, that servants of that quality did count weekly with their masters, and the pursuer would not have suffered the defender to go out from his service before she had counted and made payment; and it appeared that there had been former decisions to that purpose.
Reporter, Lord Justice Clerk.
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