In an action for payment of the balance of an account one of the entries in the account sued upon was a cash advance of pounds 300. The pursuer recovered from the defender, under a diligence against havers, a cash-book kept by him while manager of his father’s business (to which he had succeeded at the date of the action), containing this entry, ’13th July 1874. To Alexander M’Kinlay, per W. H. R., pounds 300.’ The pursuer then referred the constitution of the debt of pounds 300 to the defender’s oath. The defender deponed that the entry in the cash-book was made for the purpose of recording the receipt by him of pounds 300 from Newlands, the pursuer, on that day, and that the original entry had been ‘per W. N.’ over which he had superinduced the letters ‘W. H. R.’ The defender further deponed that the money had been repaid. Held (1) that the debt had not been proved scripto; (2) that the qualification of repayment was intrinsic of the defender’s oath. Defender assoilzied.
Judges:
Lord Trayner, Ordinary
Citations:
[1885] SLR 23 – 228
Links:
Jurisdiction:
Scotland
Contract, Litigation Practice
Updated: 08 August 2022; Ref: scu.580403
