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The facts of this special case will be found clearly stated in the following interlocutor and note of the Lord Ordinary:
The advocator's memorandum-book might have operated against him, if, from the nature of his business, it was his duty to keep regular books. But he was a country farmer, and the ledger of the bank shews that he omitted to enter in that memorandum-book a great many sums which he, or his sons for him, paid to the credit of his account.
The Lord Ordinary thinks it unnecessary to consider the form of the action. What is now stated would have been equally relevant in a reduction, had it been brought. He does not think that the triennial prescription is applicable to the case.’
The respondent reclaimed , when the Court unanimously adhered , giving additional expenses.
Lord Ordinary, Corehouse. Act. Dean of Fac. (Hope,) Cheape. Alt. Robertson, Deas. Ker & Dickson, W. S. and Wm. Alexander, W. S. Agents. S. Clerk.
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