Promissory Note – It is objected to a promissory note, that it was not holograph, nor signed before witnesses, and that therefore the signing and payment of the money ought to be proved: but it having been granted in London, the objections are repelled.
A partial payment was to be deducted, first out of the interest, and afterwards out of the capital. (These before the appeal.)
Usury – Process – A defender having alleged usury against a promissory note granted to the pursuer, the pursuer a goldsmith or banker in London, is ordered to confess or deny the facts, and a commission is granted to Lord Chief Justice King, to take extracts from his books he residing in London.
Foreign – A person residing in London, brings action on a promissory note in Scotland, against which usury is pleaded; the clerk is ordered to retain the note in Court, till the pursuer should transfer to his agent in Scotland, a collateral security in stock which had been granted by the defender.
[1725] UKHL Robertson – 511, (1725) Robertson 511
Bailii
Scotland
Banking
Updated: 05 January 2022; Ref: scu.554114