[1687] 3 Brn 609
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
1685 and1687 .Captain John Anderson
v.
Anderson of Dowhill and Lecky
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1685. December 3. —Captain John Anderson, in Glasgow, against Anderson of Dowhill, and Lecky. The Lords, having heard their mutual bills and answers, ordained Saline, who is auditor in the process pursued by Captain Anderson, to be likewise auditor in the other process raised since against him by Lecky and Dowhill, which was tabled before Harcus, to the effect, for avoiding confusion, and the interfering of two Lords, both parties may insist before him as they think fit, and make use each of them of their own clerk, in their respective actions; for this was a competition for two Lords, and two clerks: and ordained Anderson of Dowhill to answer that part of the bill, against tomorrow, of exhibiting the count-books, and anent his deponing about his making use of, or taking assignations to, retired bonds not purged by himself singly, but by the stock of the society.
This cause, upon report of Saline, was further decided on the 9th December; and the Lords found, seeing Dowhill was manager and book-keeper of the copartnery of the ship called the Providence, though the other partners had signed an account acknowledging a balance of £29,000 to be due to him, yet seeing it did not mention that the instructions of the articles on the debit side were shown to, and seen by them; therefore they ordained Dowhill to produce the journal and ledger-books, and such instructions as he had of the copartnery, with his accounts, upon oath; and remitted to the Lord Reporter to take his oath thereon, and on such interrogatories as he finds pertinent.
Dowhill reclaimed against this, as tending to propale his private fortune; and offered to show them to two merchants, but not to Captain Anderson.
The answer is, he was book-keeper, and so his accounts are instrumentum commune to all in the society with him. Vide 2d February 1687.
1687. February 2. —The case of Anderson of Dowhill and Captain Anderson, mentioned 3d December 1685, was advised. The Lords found Dowhill behoved to allow the cargo of sack in the fore end of the £29,000 of balance due to him by the partners of the ship called the Providence, when they last fitted their accounts. And, before answer to the rest, ordained probation to be led, if Dowhill alone had the keys of the cellar where the goods lay, or if the rest had access thereto, as well as he.
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