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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Paterson v Pringle. [1665] Mor 11604 (4 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2711604-267.html

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[1665] Mor 11604      

Subject_1 PRESUMPTION.
Subject_2 DIVISION. X

Mandate when presumed.
Subject_3 SECT. II.

Acts by Wives or Servants.

Paterson
v.
Pringle

Date: 4 February 1665
Case No. No 267.

Presumption of a wife's warrant to borrow a small sum, inferred from having in her custody the bond which she impledged for it.


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Isobel Paterson having lent to Pringle's wife L. 100 Scots, and having received a bond of Pringle's in paund thereof, he thereafter seeking a sight of the bond, took it away without warrant, whereupon she obtained decreet against him before the Commissaries, which he and his wife suspended, on this reason, that he never borrowed any sum from the charger; and if his wife did borrow the same, he knew nothing thereof, or that it was applied to his use, and that she impignorated his bond without his knowledge, or warrant.

The Lords found, That her having of the bond in her hand did infer a warrant to borrow the money, and oblige her husband, being a matter of small importance.

Fol. Dic. v. 2. p. 158. Stair, v. 1. p. 264.

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/1665/Mor2711604-267.html