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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gabriel Napier v Lord Elphingston. [1744] 1 Elchies 39 (28 February 1744)
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Subject_1 ARRESTMENT.
Gabriel Napier
v.
Lord Elphingston
1744 ,Feb. 28 .
Case No.No. 21.
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We had no difficulty that Lord Elphingston was not bound to give an oath of calumny; but the great question was as to that part of the interlocutor burdening Mr Napier with producing the Company's books, though he was arresting as a creditor; and it did not appear to us that he had any connection with the Company; but an observation of the President's satisfied me, that by the quality of the contract, Lord Elphingston was to give notice to the Company, therefore the books are the most proper proof; and the same must hold where the question is, whether the defender gave notice to the common debtor of any matter as of dishonouring a bill? and the President instanced also merchants' books and accounts for proving debts due to them paid.
The electronic version of the text was provided by the Scottish Council of Law Reporting