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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gabriel Napier v Lord Elphington. [1744] 2 Elchies 51 (28 February 1744)
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Cite as: [1744] 2 Elchies 51
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[1744] 2 Elchies 51
Subject_1 ARRESTMENT.
Date: Gabriel Napier
v.
Lord Elphington
28 February 1744
Case No.No. 22.
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Lord Elphington, by a contract with the Fire Engine Company, being bound for a certain tack duty for their engine, but to stop upon his coals stopping, or Lord Elphingstone's giving them due notice; and he offering to prove such notice by their books at London, for which end he got a commission; but Gabriel Napier, the pursuer, who pursued on an arrestment, as creditor to the Company, was found obliged to procure the Company's book's exhibited to the Commissioners; and it was thought the same rule would hold if a defender, sued as debtor to a foreign merchant, offered to prove payment by his books.
The electronic version of the text was provided by the Scottish Council of Law Reporting