Lord Trayner —I agree. I am surprised that the defence here stated should have been persisted in. The law is that where anyone borrows documents on a borrowing receipt his duty ante omnia is to return the documents whatever claim he may have in regard to them otherwise.
Lord Moncreiff concurred.
Lord Young was absent.
The Court pronounced the following interlocutor:—
“Dismiss the appeal and affirm the interlocutor appealed against: Of new repel the defences, and ordain the defender to deliver the documents as craved.”
Counsel for Pursuers— Baxter. Agents— Wylie & Robertson, W.S.
Counsel for Defender— Macaulay Smith. Agent— W. A. Hyslop, W.S.