Daniel Gun, Writer in Edinburgh, v. Mr William Fraser
Date: 5 June 1714 Case No. No 114.
It was allowed to be instructed by parole-evidence, that a bond was for an apprentice-fee by indenture, of which the master had not fulfilled his part.
Click here to view a pdf copy of this documet : PDF Copy
Daniel Gunhaving right by assignation from William Carruthers, Chirurgeon in Edinburgh, to 600 merks, contained in a bond granted to him by Mr William Fraser, charged Mr Fraser to make payment. He suspended on this reason, that the bond ought to be reduced, in regard the same was granted by the suspender for his brother, Hugh Fraser's apprentice-fee, to the said Gun, who by the indenture was obliged to educate the said Hugh in the employment of apothecary chirurgeon, which he failed to do by his turning bankrupt shortly thereafter, and so was causa data non secuta; and that this was the cause of the bond is to be presumed, from its bearing the same date with the indenture; besides, he offered farther to astruct the same by the writer and instrumentary witnesses.
The Lords found that the bond and the indentures being of the same date is relevant to presume that the indentures and apprentice-fee therein mentioned was the cause of the bond charged on; the suspender astructing the same by the writer and instrumentary witnesses in the said indentures and bond; and to reduce the bond charged on pro tanto and proportionably to the time the apprentice was not alimented, educated, and instructed by his master, according to the indentures.
