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Scottish Jury Court Reports
You are here: BAILII >> Databases >> Scottish Jury Court Reports >> Syme v. Marshall. [1825] ScotJCR 3_Murray_536 (26 September 1825)
URL: http://www.bailii.org/scot/cases/ScotJCR/1825/3_Murray_536.html
Cite as: [1825] ScotJCR 3_Murray_536
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SCOTTISH_HoL_JURY_COURT
Page: 536↓
(1825) 3 Murray 536
CASES TRIED IN THE JURY COURT.
GLASGOW.
No. 56
v.
PRESENT,
Finding for the defender on a question of fraud and deception.
The pursuer being charged to make payment of a bill, resisted, 1 st, On the ground that his name had been forged; but he afterwards abandoned this statement, and maintained, 2 dly, That, although the subscription appeared to be genuine, it was not, legally speaking, his subscription, because he had been deceived when he signed, and was defrauded in the transaction.
Page: 537↓
“Whether the acceptance of the Bill of Exchange, in process, for the sum of L. 300 Sterling, (which Bill of Exchange bears date the 6th day of May 1822, and bears to be accepted by the pursuer William Syme,) sought to be reduced, is the acceptance of the said William Syme?
Whether, on or about the 25th day of November, and 6th day of December 1822, or either of the said days, the property of the pursuer was poinded, or was, on or about the 18th day of the said month and year, sold or carried off by virtue of diligence illegally done upon the said bill, at the instance of the defender James Marshall, to the injury and damage of the said pursuer?”
Damages claimed, L. 50— Solatium, L. 100.
Forsyth opened the case for the pursuer; and upon being called on by the Court to state specially why the subscription was alleged not to be his, he, besides explaining the general circumstances of the case, stated, 1 st, That, though not absolutely fatuous, the pursuer was silly, and extremely easily imposed upon: 2 dly, That he was intoxicated when the bill was signed: 3 dly, That no value had been
Page: 538↓
The pursuer having closed his case,
Jeffrey opened for the defender, but led no evidence.
The Jury found a verdict for the defender on both issues.
Counsel:
Forsyth and Cockburn, for the Pursuer.
Jeffrey and Russell, for the Defender.
Solicitors: (Agents, Andrew Paterson, w. s. and