Missive letters not holograph, and wanting witnesses, sustained.
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John Henderson and Robert Cowan interposed their credit for Samuel Cowan by accepting bills, for an arrear of rent which he owed, in consequence of a missive letter from Adam Murray, whereby he became bound to join with them conjunctly in granting bills, or paying the money.
Murray acknowledged his subscription; but pleaded that the missive was not obligatory, as not in re mercatoria; and neither holograph, nor signed before witnesses.
“The Lords repelled the defence.”
Act. Armstrong.Alt. Crosbie.
Fac. Coll. No. 21. p. 237.
