[1728] Mor 11434
Subject_1 PRESUMPTION.
Subject_2 DIVISION V. Payment being made, who understood to have advanced the Money.
Date: Campbell
v.
Cockburn
7 December 1728
Case No.No 209.
Click here to view a pdf copy of this documet : PDF Copy
The question occurred about a bill accepted by two debtors, retired with a blank indorsation, and found in the custody of one of them, whether this possession did not imply that the money was paid by him alone, so as to found an action of relief against the other, or whether the presumption must run, that both contributed equally to the discharge, since it did not relate to either in particular? The last presumption was sustained. See Appendix.
The electronic version of the text was provided by the Scottish Council of Law Reporting