Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Mr John Currence
v.
Sir Charles Hacket

1688. June.

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In a pursuit for payment of a bond, the debtor alleged payment of L.100 sterling thereof, and, for proving, founded upon a receipt of L.50 from James Foulis, and a holograph note written by the creditor upon the back of the bond, bearing, that L.50 was received from Sir Robert Murray. It was alleged for the pursuer, That the receipt and holograph note related to one and the same L.50; and the mistake lay here,—That Sir Robert Murray had treated with the pursuer for Sir James Hacket the debtor, and James Foulis paid the money, and the holograph note was writ on the bond when it was sent to Scotland, that the factor might not pursue for it. 2. The holograph note is not probative, because not subscribed. The Lords sustained the note as a distinct payment.

Page 113, No. 424.