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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hamilton v Arbuthnot. [1750] 1 Elchies 407 (19 June 1750)
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Cite as: [1750] 1 Elchies 407
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[1750] 1 Elchies 407
Subject_1 REPARATION.
Hamilton
v.
Arbuthnot
1750 ,June 19 .
Case No.No. 6.
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Arbuthnot having said to several customers that Mr Hamilton's goods were mildewed and rotten to spoil the sale of his goods; Hamilton sued him before the Bailies of Edinburgh and recovered decreet for L.40 sterling. A bill of suspension being offered they first insisted on the incompetency of the Bailie-Court, because this was a scandal and only competent to the Commissaries. But we thought there was nothing in the objection where it was a real injury affecting the pursuer's fortune and estate and concluding damages, though it was only in words; and we agreed that there was sufficient cause for the proeess, and we only differed as to the quantity of damages, whether L.20 or L.40, but on a vote it carried by the narrowest majority to refuse the bill in toto.
The electronic version of the text was provided by the Scottish Council of Law Reporting