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George Bayne v Thomas Hamilton. [1665] 2 Brn 402 (8 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020402-0663.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
George Bayne v. Thomas Hamilton
Date: 8 February 1665
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James Lord Ogilvie obliges him in 1659, to pay to Thomas Dewar in Dundee, 1000 merks. Thomas assigns Geo. Bayne, Merchant in Edinburgh, to this bond; whose wife, Elizabeth Colvill, knowing one Thomas Hamilton to be my Lord Ogilvie's Chamberlain, writes to him as præposita negotiis mariti in his absence, anent the 1000 merks addebted by my Lord. He by his missive in 1664, gives her a promise and assurance of payment at the next term. Upon this her husband Mr. Bayne pursues him to pay the same.
Its alleged for the defender,—That neither is the letter directed to the pursuer, nor does it promise payment of the sum libelled to the pursuer.
To the which it was answered,—That it was, though directed to the pursuer's wife; and as to the promise opponed the missive.
The Lords decerned him to pay it, conform to his faithful promise, and missive letter in all points.
Act. Mr. Jo. Colvill.Alt. Mr. Thomas Baird.
Signet MS. No. 54, folio 57.
