Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Gairdner v. Tennent
Date: 7 July 1677
Click here to view a pdf copy of this documet : PDF Copy
One called Tennent, being charged by Gairdner on a bond, suspends on this reason, that the bond was elicited from him, by taking him in, and drinking him drunk.
Replied,—Non relevat, since ebrius is duplici pæna afficiendus, secundum Pittacum; et sibi imputet; and it was not so profound as to rob him of all use of his reason; see Matheus and M'Keinzie in their Criminals, as to deeds done ah ebriis; and that we have no reduction of deeds done in drink, by our law.
Forret refused to sustain the reason. Yet it deserves to be considered: for if I can reduce a deed upon fraud and circumvention, can there be a more pregnant qualification of circumvention than to drink one senseless, and then cheat them? which is not to be tolerated nor encouraged by denying remedies against it. See Dury, 5 December 1626, Shaw and Balfour; where drunkenness, with not being read, is sustained to take away a discharge; and Craig's Disposition to Pittarrow reduced, ex capite ebrietatis, in Parliament 1661; vide supra, [Vol. II. page 290.]
