A merchant's account found probative by the subscription of the debtor, though without witnesses.
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John M'Lurg, merchant in Edinburgh, pursues the Earl of Dalhousie as representing his brother Robert Ramsay, for payment of an account of furniture subscribed by the said Robert. It was alleged for the defender, That his brother's pretended subscription could not prove, because it wanted witnesses. It was answered, That bills of exchange and merchants counts are always sustained by single subscription, and are never annulled for want of the solemnities in other solemn contracts. It was replied, That in this account there were some articles for money advanced which cannot pretend that privilege, and the title of the account bears annual-rent, which might have been added ex post facto, and doth require a solemn contract with witnesses. There is also a postscript after the subscription.
The Lords found the merchants count subscribed probative, though without witnesses, although some inconsiderable articles bore “money advanced by the merchant,” but found not his subscription sufficient to instruct annual-rent agreed on; and did not sustain the postscript.
