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Scottish Court of Session Decisions >>
Galbraith v Cunningham. [1626] Mor 4446 (16 November 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor1104446-010.html Cite as:
[1626] Mor 4446
Transactions in a Foreign Country, will be judged of, as to Proof and Effect, by the Law of the Place, so far as founded in the jus gentium, not where merely statutable.
Subject_3 SECT. I.
Payment.
Galbraith v. Cunningham
Date: 16 November 1626 Case No. No 10.
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In a pursuit upon a foreign bond, the defender alleged, that he had made payment in the country where the debt was contracted, and offered to prove the same by witnesses, which was sustained; for this being according to the law of the place, he had reason to trust the payment to that sort of evidence, since he could not foresee the creditor would be so unjust as to make a demand in another country.
