Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. XV.

Other allegeances, how relevant to be proved.

Provan
v.
Calder and Anderson

Date: 17 June 1742
Case No. No 286.

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A person, supposed in liquor, having made a promise of marriage to a woman, to give her assurance of his being in earnest, granted her a bill for L. 100 Sterling. The woman gave the bill in custody to a mutual friend who was present, and promised either to return it to her when called for, or pay the sum. The acceptor of the bill got it from the custodiary, and resiled from his promise. The woman brought an action against both, for exhibition of the bill or payment. The defenders urged, That the whole transaction was in joke; and besides, that the granting a bill, and its delivery, were not probable by witnesses. The Lords at first assoilzied; but upon a reclaiming petition, found the defenders, conjunctly and severally, liable for the L. 100 Sterling.

Fol. Dic. v. 4. p. 163. C. Home.

*** This case is No 60. p. 9511, voce Pactum Illicitum.