Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Patrick Reid v. Sir James Stewart
1677 and 1680.
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1677. June 7.—This day the Lords advised Mr Patrick Reid's process against Sir James Stewart; wherein they found,—by the unsubscribed scrolls of account given in by Andrew Balfour, where the balance was only. £47 Scots to Sir James, though the accounts were yet open, unfitted, and all counts bear tacitly salvo justo calculo; (but here it was not error in calculo, but in placing and charging himself with articles;) and Balfour's letters to Cutler acknowledging the balance of accounts between Sir James Stewart and him were near equal;—that Sir James was not Balfour's debtor in the L.200 sterling acclaimed, but that the two, conjoined, amounted to a discharge; only ordained Sir James to depone anent the instructions of the debit side of the account, &c.
See it fully in the informations beside me.Advocates' MS. No. 591, folio 291. 1680. june 15. Mr Patrick Reid's action against Sir James Stewart was decided, and Sir James assoilyied. See 7 th July 1677.
