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Scottish Court of Session Decisions >>
Murray v Merchinstoun. [1642] Mor 12398 (2 February 1642)
URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor2912398-205.html Cite as:
[1642] Mor 12398
The like in a case of a furthcoming, where the are arestee alleged he had paid great part of the debt to tradesmen, by his creditor's directions.
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Ronald Murray being a creditor to umquhile Thomas Merchinstoun, decerned executor to him, pursues Mr David Merchinstoun, to pay to him 400 merks, which the said Mr David was owing to the said umquhile Thomas his debtor, and the defender alleged, That he ought to be assoilzied for so much as he had paid of this sum, before the defunct's decease, to some tailors and baxters, for some furnishings made by them to him, at his direction, which direction he offered to prove by the oath of those persons to whom he made payment. The Lords found, that the said direction was not probable by the oath of those to whom the said payment was made, albeit the particulars were but small, and the debt was constituted by writ; and if it were to be proved by witnesses, these could not be witnesses to prove for their own advantage. See Witness.
