Payment and Consignation how relevant to be proved.
Trustee for Rae's Creditors v. Gordon
Date: 21 June 1794 Case No. No 158.
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A debtor, during the dependence of an action, being appointed to consign in the hands of the clerk of the Court; it was afterwards disputed, how far this order had been obeyed; and the debtor contended, That he had consigned a part, which he offered to prove by witnesses, and had retained the rest in satisfaction of a counter-claim. Pleaded in objection, That consignation is a judicial act which can be proved only by the records of Court; and, at any rate, a parole proof of payment is incompetent in so far as the sum exceeds L. 100 Scots. The Lords found the proof by parole evidence was competent.
