Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Earl of Louthian v. the Master of Balmerinoch and John Elphinston
1677.
June.
Click here to view a pdf copy of this documet : PDF Copy
The Earl of Louthian raised a reduction and declarator against the Master of Balmerinoch and John Elphinston, to hear and see it found and declared, that a bond, wherein the said John Elphinston's name was, for the master's behoof, was truly blank in the creditor's name and sum, and left by the pursuer's father in the hands of Sir Thomas Nicolsone of Carnock, advocate; and upon his decease was found amongst his papers by James Chalmers, then his servant, afterwards advocate, and taken out and delivered to the master, and filled up without any onerous cause; and therefore to be decerned to give it up. This was a reflecting conveyance if true, and like the case the town of Hamilton have with Robert Hendersone, for filling up in a blank bond 3000 merks instead of 500 merks. See the Information, apud me. Thir blanks are dangerous.
