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Scottish Court of Session Decisions >>
William Ross, Vintner, v Jackson, Tailor. [1694] 4 Brn 217 (5 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040217-0494.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Ross, Vintner, v. Jackson, Tailor
Date: 5 December 1694
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William Ross, vintner, against Jackson, tailor, as cautioner for his servant's fidelity, and what he should be resting of his intromission with the price of the wines and other liquors sold in his inn. The defence was, You stated accounts with your servant, and took his bond, constituting the debt, without ever calling me; which you ought to have done, that I might have objected.
Answered,—I was not obliged by the tenor of your bond; but, if you can allege collusion, or any way redargue the truth of the account, I shall allow you yet to be heard.
The Lords repelled the reason, and found he had followed the master's and servant's faith, unless he could redargue it.
