Legal Subject: Parole Evidence

Case Date Legal Subject Abstract
Alexander v. Lord Monboddo's Interlocutor 1787 Prescription, Interlocutor, Libel, Debt, Parole Evidence, Oath of Party Pursuer James Alexander petitioned the Court of Session to alter Lord Monboddo's interlocutor. Based on the single document cataloged for this case.
Bowden and Gibson v. Esten and Bennett 1794 Contract, Parole Evidence, Debt, Arbitration, Defamation, Aliment Bowden and Gibson, as pursuers, maintained that the pursuer was entitled to his salary for eighteen nights under his engagement with Mrs. Esten, despite Esten and Bennett's refusal to allow him to perform as agreed. Based on the single document cataloged for this case.
Gilbert Moses v. William Craig, Robert M'Lintock, and James Clark, Trustees for the Creditors of John M'Ewan 1772 Parole Evidence, Bankruptcy, Inhibition, Creditor, Disposition, Debt John McEwen (alternatively spelled McEwan), a flax-dresser in Glasgow, went into bankruptcy. Defenders William Craig, Robert McLintock, and James Clerk were named trustees for the creditors in McEwen's bankruptcy. Pursuer Gilbert Moses, a meal-merchant in Glasgow, was one of McEwen's creditors. The trustees entered into a concert of joint measures, signed by the creditors, for the payment of McEwen's debts to the creditors. In contravention of this concert among the creditors, however, Moses joined McEwen in an action of reduction to overturn the sale and division of McEwen's effects. Among other points, Moses maintained that he was not allowed to read the creditors' agreement prior to signing it. Moses also argued that a tenement of houses that he bought from McEwen prior to McEwen's bankruptcy and in partial satisfaction of McEwen's debt to Moses should remain as Moses' property, and not conveyed to the trustees in McEwen's bankruptcy. The trustees argued that, by acceding to the concert among creditors, Moses agreed to set aside any preferences he may have had to McEwen's debts, including the tenement of houses.
Philip Miller, Oculist in Edinburgh v. Francis Angelo Tremamondo, Master of the Academy, Edinburgh 1771 Obligations under contract of marriage, Aliment, Arrestment, Proof, Parole Evidence, Marriage Philip Miller performed a surgery on Francis Angelo-Tremamondo, which saved his sight. They became good friends. Francis Angelo-Tremamondo convinced Miller to marry his only daughter, Mary Tremamondo-Angelo. After the marriage, Mr. Millar brought an action against Francis Angelo-Tremamondo because he breached the marriage contract. He had agreed to give to the pursuer a diamond ring, to furnish a house for the new couple, among another things. The agreement and the promises were not in writing. The pursuer tried to enforce Mr. Angelo-Tremamondo's promises. The defender maintained that since the promises alleged were given verbally they could not be substantiated by other witnesses.

Documents discussing this subject (40)