Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 7 January 1685
Cornelius Vanheyde v. James Graham
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One Cornelius Vanheyde, a Dutchman, pursues James Graham, late bailie of Edinburgh, on a bond granted by one whom he had intrusted as merchant and factor in a ship, actione institorid. Alleged,—He offers to prove that the man was furious the time he subscribed the bond. Answered,—1mo, He took not the fury till he was coming home in the ship; and, if he was subject to it before, he was in a lucid interval when he gave it; for it is all written with his own hand. Replied,—That is no argument; for it was all dictated to him.
Yet a madman will not readily write as he is directed. But, in regard Bailie Graham had given a bond of corroboration of this debt, the allegeance was repelled, especially seeing it depended on an onerous cause; though the Bailie pretended, that the price in the bond was most exorbitant, and his prentice's mania et rabies did not consist with his knowledge at the time he signed the corroboration.
