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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cromar v Duncan [1835] CA 13_570 (27 February 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0570.html
Cite as: [1835] CA 13_570

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SCOTTISH_Shaw_Court_of_Session

Page: 570

Cromar

v.

Duncan
No. 178.

Court of Session

1st Division D.

Bill-Chamber

Feb 27 1835

Ld. Cockburn.

Robert Cromar and Others,     Suspenders.— Robertson— Fordyce. John Duncan,     Charger.— Cuninghame— Russell.

Subject_Process—Bill of Exchange.—

Suspension, on caution, of a charge on a bill of exchange refused, although alleged that, on an accounting, nothing would be found due.

Bill of suspension, on caution, of a charge on two bills of exchange, on the allegation, inter alia, that credit had not been given for a payment of £20 to account, and that, on a due accounting, it would appear that not more than £10 was due to the charger, which sum the suspenders offered to consign. The charger instructed, that credit was duly given for the sum of £20, and disputed both the truth and the relevancy of the allegations as to the result of any accounting.

The Lord Ordinary refused the bill, with expenses.

The Court adhered.

Solicitors: T. Megget, W.S.— Greig and Morton, W.S.—Agents.

SS 13 SS 570 1835


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URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0570.html