Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 2 July 1687
David Lindsay v. Vansolingem and Colmar
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In the action pursued by David Lindsay, Secretary Melfort's servant, against Vansolingem and Colmar, the Dutch printers, and John Coupar and Mr Charles Lumsden, their cautioners; Magnus Prince and Captain Collison, the two arbiters, having pronounced a decreet-arbitral in favours of David Lindsay, on this colour, that the Dutchmen acknowledged, before them, the truth of the articles of his charge; and it being represented that they were strangers, ignorant of the language, and so might easily mistake; and that such confessions did not bind, except they were subscribed, as was found in Stair, 24th July 1661, Buchanan;—the Lords had ordained the arbiters to be examined on what evidences they decerned, and what articles were acknowledged: and the Lords having advised their depositions, it was alleged, for the Printers,—That the decreet-arbitral differed both from David Lindsay's count-book, under his own hand, and from a prior stated account of Captain Collison's.
The Lords, before sentence, recommended to the Lord Drumcairn to consider the account now produced, which is alleged to be Robert Collison's handwrit, and to compare the same with the other account that is stated by him and Magnus Prince, whereon the decreet proceeded; and if he find there is any contradiction or disconformity betwixt them, that he examine him upon the ground of the alteration.
