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Scottish Court of Session Decisions >>
John Christie Tenant in Callinch, v Andrew Trail. [1743] Mor 16934 (17 June 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Mor3816934-173.html Cite as:
[1743] Mor 16934
Discharge, if it is required to be on stamped paper.
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The charger being creditor to the suspender by bill, of date the 26th November, 1739, charged him for payment, who suspended on this ground, That the bill charged on was comprehended under a general discharge granted by the charger to him the 14th June, 1740, containing “a receipt of payment of all accounts, bonds, bills, clags, and claims, that ever were betwixt them, preceding the date of the discharge.”
Answered for the charger: That the general clause in the discharge was inserted through the inaccuracy of the charger, an illiterate country man; and that it was not understood betwixt them at that time to have that meaning to comprehend the bill in question, which he offered to prove. 2dly, Objected; that the discharge not being on stamped paper, could not avail in law or equity. See the act 12mo Annæ. Replied for the suspender: His reason of suspension being verified by writing under the hand of the charger, the same cannot be otherwise taken off than by his own oath; 2dly, The discharge is not a deed of that kind which requires to be written on stamped paper. See Wood's Institutes.
The Lords found that the discharge did not require stamped paper.
