[Court of Session—Second Division.]
| Jurisdiction | Scotland |
| Judge | Lord Cringletie. F. |
| Judgment Date | 25 February 1823 |
| Docket Number | No. 220. |
| Court | Court of Session (Inner House - Second Division) |
| Date | 25 February 1823 |
Lord Cringletie. F.
Proof—Payment of Money.—
Crawford, a merchant in Dingwall, being indebted to Forbes and Company of Aberdeen, the sum of £20, transmitted the amount to a bank in Inverness, to await their orders. Before Forbes and Company were apprised of this, they had authorized Munro, a writer in Dingwall, to receive payment for them ; and Crawford, therefore, wrote to the bank to send back the money to him. This not being immediately complied with, he, on the 20th of March, gave Munro an order on the bank for the £20, who, on the 29th March, wrote to Forbes and Company,—“ I received the £20 from Mr. Crawford, which waits your order.” Munro, who, at the date of this letter, was confined to bed, died shortly thereafter, and the order on the bank, given him by Crawford, was found in his pocket. Mrs. Munro, his widow and executrix, having obtaineddecreet in absence, against Crawford, on this order, charged thereon. Crawford suspended, and offered to prove, by parole evidence, that, on the 23d of March, (after he had given the order to Munro, and six days prior to the date of Munro's letter to Forbes and Company), having then received the £20 back from Inverness, he delivered the same to a servant of Munro's, who gave it to Munro himself, he being then confined to bed. The Lord Ordinary found the letters orderly proceeded ; but the Court, in the very peculiar circumstances of this case, allowed a proof by witnesses, which established the truth of Crawford's allegations ; and they, therefore, suspended the letters.
To continue reading
Request your trial
-
The Serious Organised Crime Agency (Claimant/Appellant) Gary John Robb (Defendant/Respondent) (i) Patricia Anne Clarke and Others (Third Parties)
...property), whether or not any proceedings have been brought for an offence in connection with the property: s 240(1)(a) and s240 ( 2): s 243. 2 Recoverable property is defined by section 304(1) as "property obtained through unlawful conduct". It includes property which "represents" such pro......