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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl Peterborrow v Abercrombie. [1745] 2 Elchies 416 (12 July 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Elchies020416-017.html |
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Subject_1 PACTUM ILLICITUM.
Date: Earl Peterborrow
v.
Abercrombie
12 July 1745
Case No.No. 17.
Click here to view a pdf copy of this documet : PDF Copy
In 1730 Dr Abercrombie lent Lord Peterborrow, then Lord Mordaunt, L.210, and took an English double bond for L. 1600, the condition whereof
was, that if Lord Mordaunt should die before his grandfather Earl Peterborrow, (who was then about 75 years,) or if in two months after Earl Peterborrow's death, he should pay him L.840, then the bond should be null. This bond was quarrelled as usurious; 2dly, as fraudulent and contra bonos mores. After having sundry precedents in the Court of Chancery laid before us, we found it not usurious, but found it redeemable any time before Whitsunday next, on payment of the L.210 lent, and in terest from the time of lending, without costs; but if not then paid, then redeemable still by payment of the said L.210 and interest, but with the costs to be hereafter incurred. (See Dict. No. 35. p. 16429.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
