M'Adie v. M'Adie's Executrix

Subject_1 Writ Subject_2 Res mercatoria Subject_3 Proof Subject_4 Resting-Owing.

G. received from J., his brother, cheques which he cashed and of which he received the proceeds. In an accounting after the death of J., G. maintained that these cheques had in pursuance of a course of dealing been granted in payment of advances he had made to J., but for which he produced no vouchers. Held that in the circumstances of the case, the alleged advances were not established, and Question , Whether parole evidence was competent to establish them?

The pursuer produced the following document (No. 6 of process), which he alleged to be an acknowledgment of indebtedness on the part of the deceased of the sums sued for up to its date—

“ Wick , 27 th March 1877.—I have this day examined account against me in my brother George's ledger, showing balance due by me of Nine hundred and fifty-five pounds five shillings and four pence sterling, for goods and cash supplied to me to this date, and I hereby declare the same correct John M'Adie .”

This writing was not appended to the account in the books of the pursuer, but was written on a small slip of paper by itself. It was not holograph of John M'Adie, but it bore to be signed by him, and the genuineness of the signature was not disputed.