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Patrick Halyburton v Alexander Abercromby. [1693] 4 Brn 82 (23 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040082-0192.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Patrick Halyburton v. Alexander Abercromby
Date: 23 February 1693
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In the pursuit, Patrick Halyburton, bailie of Edinburgh, against Alexander Abercromby, vintner, the Lords sustained this defence of compensation,—That you are debtor to me, in so far as you have drawn a precept on the Duke of Hamilton for an account, and made it payable to me; I presented it, and the Duke refused, and I protested: though Bailie Hamilton alleged, you should have pursued the Duke. For the Lords found him liable in no farther diligence but to protest for non-acceptance.