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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Urquhart v. Bonnar [1866] ScotLR 1_217 (13 March 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0217.html
Cite as: [1866] ScotLR 1_217, [1866] SLR 1_217
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SCOTTISH_SLR_Court_of_Session
Page: 217↓
Court of Session Inner House First Division.
v.
Facts:
A third trial granted on the ground that the second verdict, as well as the first, was contrary to evidence.
In this case betwixt John Urquhart, shoemaker in Cupar, and George Lindsay Bonnar, M.D., there, the following issue was on 27th July 1865 tried before the Lord President and a jury:—
“Whether the assignation dated on or about 24th May 1859, No. 6 of process, was signed by the pursuer when he was under essential error as to its nature and effect, induced through fraud and misrepresentation, or undue concealment on the part of the defender?”
The jury, by a majority of nine to three, returned a verdict for the pursuer. The issue had been previously tried before Lord Kinloch and a jury, when a similar verdict was returned by the same majority; but the Court found that this verdict was contrary to evidence, and granted a new trial.
The defender again moved for a new trial, and the Court having granted a rule upon the pursuer to show cause why it should not be granted, the parties were heard thereon. The following cases were cited— Railton v. Mathews, IIth March 1846 ( 8 D. 747); Macaulay v. Buist & Co., 9th December 1846 ( 9 D, 245); and Lenaghan and Others, 10th July 1857 ( 19 D. 975.) The Court to-day granted a third trial.
Counsel for Pursuer— Mr Fraser and Mr J. C. Smith. Agents— Messrs Macgregor & Barclay, S.S.C.
Counsel for Defender— Mr Macdonald and Mr Rhind. Agent— Mr Thomas Ranken, S.S.C.