James Sutherland and Bailie Johnstoun being in copartnery with some others, Bailie Wedderburn raised a pursuit against Bailie Johnstoun upon a breviate of the books of copartnery, containing Charge and Discharge, all written with the defender's hand, the leger-books being lost. Alleged for the defender, That, as the abbreviate instructs the charge, so it must instruct the dscharge, especially considering, that, though the copartnery dissolved in the year 1663, the pursuer had not, till of late, pretended to any debt against the defender. Answered,— Bailie Johnstoun having been both book-holder and cash-keeper, and received 10s. per tun for his service, which, during the copartnery, amounted to upwards of £1000 sterling; and the copartnery having been carried on, by the granting of bonds and drawing of bills, for many thousand pounds sterling, upon the joint credit,—the discharge must be instructed by retired bonds, bills, and discharges thereof, otherwise the parties cannot be secured. The Lords found, that the articles of discharge relating to writ, must be instructed by the writ, where writ is usually taken, and required for persons' security.
Page 259, No. 918.
