Scottish Court of Session Decisions

In this case, in which James Munro, tenant, Kincardine, is pursuer, and the Caledonian Banking Company are defenders, the issue submitted to the jury was—

“Whether Peter Gray and Donald Munro, two of the alleged witnesses to the bond No. 19 of process, or either of them, did not see the pursuer subscribe the same, and did not hear him acknowledge his subscription?”

The instrumentary witnesses were both examined. They had no distinct recollection on the subject, but rather thought that they did not see the pursuer sign or hear him acknowledge his subscription. The pursuer, however, and the bank agent, Mr Clark (the document was a bond of caution for a cash credit), both gave positive evidence on the subject; but they flatly contradicted each other. Lord Kinloch told the jury that it was for them to judge as to which was speaking the truth. But the pursuer and Mr Clark were more or less interested witnesses. But in order to find for the pursuer they must be satisfied that the witnesses did not see the bond subscribed or hear the subscription acknowledged. If they thought the matter involved in doubt, then their verdict should be for the defenders.

The jury, after an absence of a few minutes, found for the pursuer.