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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Taylor v. Cowie [1868] ScotLR 5_735 (22 July 1868)
URL: http://www.bailii.org/scot/cases/ScotCS/1868/05SLR0735.html
Cite as: [1868] SLR 5_735, [1868] ScotLR 5_735
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SCOTTISH_SLR_Court_of_Session
Page: 735↓
Court of Session Inner House Second Division.
(Before
v.
The pursuer was George Taylor, shoemaker, Airdrie, executor-dative qua nearest of kin decerned to the deceased Archibald Taylor, storekeeper and shoemaker, and residing at No. 44 Commonside Street, Airdrie; and the defender was Alexander Cowie, iron merchant, Hallcraig Street, Airdrie. The issue submitted to the jury was as follows:—
“Whether the pursuer, on or about 20th June 1865, subscribed the receipts, No. 6 and 7 of process, under essential error, and in the belief, caused by the fraudulent representations of the defender, that said receipts had reference, not to the whole executry estate, but were granted in acknowledgment merely of a payment to account of his (the pursuer's) share of said estate?”
Scott and Brand for pursuer.
Clark and Trayner for defender.
After the evidence was partially led, it was intimated that the parties had agreed to accept a verdict for the defender. A verdict for the defender was accordingly returned.
Solicitors: Agent for Pursuer— D. F. Bridgeford, S.S.C.
Agents for Defender— Duncan, Dewar, & Black, W.S.