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Hamilton v Patrick Cunningham. [1680] 3 Brn 334 (12 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030334-0442.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Hamilton v. Patrick Cunningham
Date: 12 February 1680
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In the action Hamilton against Mr Patrick Cunningham, agent; where a discharge mentions a small particular, and then adjects a general clause, the general will extend to no sums of greater value than the particular expressed is. But there is a distinction to be adverted to here; for, if the general clause precede the special, and then some particulars be adjected, the foresaid presumption will not take place; but the general will comprehend all things: but where the general follows a special clause, there by interpretation it is stretched no farther than the value of the special.
