After he obtained a discharge from his creditors, the pursuer brought an action against James Marshall, alleging that he had defamed the pursuer’s character. The defendant sustained that the pursuer was fraudulently bankrupt and thus, he affirmed that the pursuer's creditors were defrauded. The pursuer's petition was refused, because he based his claim on a private conversation between the defendant and Robert Jaimeson, one of his creditors. The Court held that conversation was not relevant to prove the claim of the pursuer.
William Morison, The Decisions of the Court of Session (1811), pg. 12443, , pg. Proof App. Pt. 1 P. 1