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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Commercial Bank of Scotland v Magistrates of Edinburgh [1838] CS 16_1113b (5 June 1838)
URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1113b.html
Cite as: [1838] CS 16_1113b

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SCOTTISH_Court_of_Session_Shaw

Page: 1113

016SS1113b

Commercial Bank of Scotland

v.

Magistrates of Edinburgh

No. 203

Court of Session

2d Division

June 5 1838

Ld. Moncreiff.

Commercial Bank of Scotland,     Pursuers.— Counsel:
More— M'Neill.
Magistrates of Edinburgh,     Defenders.— Counsel:
Sol.-Gen. Rutherfurd— Marshall.

Facts:

This was an action, depending entirely on specialties, brought by the Commercial Bank, as in right of Dickson, contractor for the building of the New High School, against the Magistrates of Edinburgh, for payment of an instalment of £1000, alleged to be due to Dickson. The Court (Lord Meadowbank dissenting) adhered to an interlocutor of the Lord Ordinary, finding that there was a defect of the requisite evidence that the building work had been executed by Dickson to an extent such as to entitle the pursuers to payment of the instalment in question, and assoilzieing the defenders with expenses.

Solicitors: J. A. Campbell, W.S.—Agents.

SS 16 SS 1113 1838


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URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1113b.html