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Scottish Court of Session Decisions >>
James Paterson of Woodside v William Hannay. [1709] 4 Brn 769 (8 December 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Brn040769-0275.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
James Paterson of Woodside v. William Hannay
Date: 8 December 1709
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A complaint having been given in by Mr James Paterson of Woodside, against William Hannay, agent in Edinburgh, that he had impetrated a bond of 3000 merks from him, under a back-bond, declaring, it was but a trust to lead an adjudication upon it, against him; yet he had assigned this bond to James Hutcheson, writer to the signet, who had charged, him with horning, and inhibited him thereon, contrary to common honesty and his trust: And this being remitted by the Lords to their committee for trying abuses, they, after hearing of all parties, found the diligence unwarrantable, and reponed Paterson against it, imprisoned Hannay, and declared him incapable of managing or agenting any process about the Session; but found Mr Hutcheson innocent and free. And, that this sentence might terrify others, they ordained it to be publicly intimated in the Outer-House, and affixed on the walls and doors of the Parliament House, that all may take special notice of such dishonest practices in time coming, to the scandal and reproach of justice, when they escaped unpunished after discovery.
