If you found BAILII useful today, would you consider making a contribution?
Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Payment being made, who understood to have advanced the Money.
James Halyburton of Foderance, v. Mr James Cook, of Ardlair
Date: 26 July 1711 Case No. No 204.
Click here to view a pdf copy of this documet : PDF Copy
At discussing the suspension of a charge at the instance of Foderance against Mr James Cook, for payment of the remains of a bond of 33,50 merks, granted by the latter to the former; Mr Cook, the suspender, having, conform to agreement with the charger, paid three debts to his creditors, and retirad discharges thereof in the charger's name; the Lords found, That the discharges bearing that payment was received from Foderance could not be allowed to the suspender in part of payment of the sum charged for, unless he prove by writ or oath of the charger, that payment was made by the suspender out of his own effects; albeit the discharges were still in the suspender's hands, undelivered to the charger; for he the charger could force these discharges as his own evidents from the suspender by an exhibition, Stair, B 4. T. 6. See No 17. p. 9994.