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Scottish Court of Session Decisions >>
James Nicolson v Sir James Dick. [1687] 3 Brn 640 (21 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030640-0974.html Cite as:
[1687] 3 Brn 640
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 21 July 1687
James Nicolson v. Sir James Dick
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James Nicolson, bailie of Edinburgh, as assignee by Sir William Nicolson, pursues Sir James Dick, to count upon a ticket given by him to Sir John Nicolson, not to deliver up an assignation, made by the co-partners of the customs, to Captain Andrew Dick, till all was cleared with (and then follows his subscription,) “James Dick.” Alleged,—This imported no more but till all was cleared with himself, being cash-keeper, and no ways relates to the other copartners. 2do, Sir William Nicolson was furious when this assignation was granted.
The Lords, on Saline's report, sustained Bailie Nicolson's title, Dick of Grange (for whose behoof Sir William Nicolson pursued it,) concurring with him; and found Sir James Dick's ticket implied an obligement on him to count to the co-partners; and therefore ordained him to exhibit his count-books on oath, and to count to them for the effects of that assignation which he acquired from Captain Dick. But he alleged, he was only to count for £42,000 Scots, which was the roup at which these effects were then valued.
