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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Pringle v James Keltie. [1777] 5 Brn 397 (11 February 1777)
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Cite as: [1777] 5 Brn 397
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[1777] 5 Brn 397
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 BILL.
Date: Robert Pringle
v.
James Keltie
11 February 1777 Click here to view a pdf copy of this documet : PDF Copy
Robert Pringle was debtor to James Keltie. Being pressed for payment, he gave Keltie a draught, by way of bill, on John Robertson, for four guineas, “in part payment due by him.” For which draught, Keltie gave a receipt, in these terms:—“Received, &c. an order on John Robertson, &c. for ₤4: 4s. as part of his bill due me;—if paid, shall be accounted for by, (Signed) James Keltie.”
It appeared that Keltie not only did not negotiate this draught, but, at the distance of nine months, incarcerated Pringle in the prison of Peebles for the whole debt. In a pursuit at his instance, for damages, &c. The Lord Monboddo, Ordinary, found, (12th December 1776,) that Keltie was under no obligation to negotiate the draught on Robertson: and, on advising bill and answers, the Lords adhered, (25th January 1777;) and this day, (11th February 1777,) they refused a second reclaiming petition, without answers, and again adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting