Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION IV.

Private Deed, how far probative.
Subject_3 SECT. V.

Accounts, Account-books how far Probative.

Lawrie and Drummond
v.
Drummond

Date: 17 December 1675
Case No. No 515.

An account-book was found probative against the writer, and his successors, as to the articles written by him, though he was not a merchant.

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In the account betwixt these parties concerning the price of the lands of Scotston, this question occurred, whether Sir Robert Drummond's count-book, bearing an account of a sum due by Buchanan to Sir Robert, which was assigned to Sir John, to have been paid to Sir Robert himself, was probative. It was alleged, That this could not prove, being no authentic subscribed writ, neither any authentic count-book, having no marking of the pages, and being written with several hands; and though merchants' count books unsubscribed prove against themselves, it is not to be extended to the count-books of gentlemen or others. It was answered, That count-books unsubscribed have been found probative against those who wrote them; and though in this count-book there be several hands, yet this page doth notourly appear to be Sir Robert Drummond's own hand; and for adminiculating thereof, the defender is content to give his oath, and that Buchanan the debtor give his oath to whom he paid the sum.

The Lords sustained the foresaid article in the count-book written by Sir Robert's own hand, adminiculated as said is.

Fol. Dic. v. 2. p. 260. Stair, v. 2. p. 386.