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URL: http://www.bailii.org/scot/cases/ScotCS/1765/Mor3816986-236.html
Cite as: [1765] Mor 16986

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[1765] Mor 16986      
Subject_1 WRIT.
Subject_2 SECT. VIII.

Privileged Writs.

Henderson
 v.
Murray

Date: 5 December 1765
Case No. No. 236.

Missive letters not holograph, and wanting witnesses, sustained.

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John Henderson and Robert Cowan interposed their credit for Samuel Cowan by accepting bills, for an arrear of rent which he owed, in consequence of a missive letter from Adam Murray, whereby he became bound to join with them conjunctly in granting bills, or paying the money.

Murray acknowledged his subscription; but pleaded that the missive was not obligatory, as not in re mercatoria; and neither holograph, nor signed before witnesses.

“The Lords repelled the defence.”

 Act. Armstrong. Alt. Crosbie. Fac. Coll. No. 21. p. 237.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1765/Mor3816986-236.html