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Scottish Court of Session Decisions >>
William Chatto v William Ord. [1702] Mor 4447 (10 January 1702)
URL: http://www.bailii.org/scot/cases/ScotCS/1702/Mor1104447-013.html Cite as:
[1702] Mor 4447
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.
William Chatto v. William Ord
Date: 10 January 1702 Case No. No 13.
Found as above.
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In a case between William Chatto and William Ord, Englishmen, who being pursued on a double bond, in the English form, alleged, The same was not probative by the law of England, unless the witnesses compeared, and, by affidavit, attested the verity of their subscriptions. Answered, Though that was the form and procedure in England, yet hundreds of these bonds had been pursued for in the courts of Scotland, and that never was demanded nor exacted. The Lords found, though as to the manner of probation, and solemnities in writs, the Lords judged conform to the municipal customs of other nations; but to refuse to sustain process on English bonds, till they were adminiculate and fortified by the witnesses oaths, was impracticable here, and therefore repelled the allegeance; but thus far they sustained the English custom, that the currency of annualrent should stop when it came to equal the principal sum, and that payment of a sum contained in a written bond may be proven by witnesses, though none of these hold as to bonds drawn up in the Scots form.
Fol. Dic. v. 1. p. 317. Fountainhall, v. 2. p. 138.
