DEPARTMENT OF DOCUMENT DIVISION |
| DIRECTOR Fabian Lemanski |
ABOUT
Glasgow, 12th March 1816. Mr John Haddin,—Sir, We acknowledge to have borrowed and received from you £100, which we will repay you at the term, and remain, Sir, your most obedient servants." (Signed) " John M'ewan. Thos. Ballingall."
(Addressed to) " Mr John Haddin, senior, Glasgow." " That to the said obligation and sums of money therein contained, the pursuer acquired right by the disposition and settlement executed by the said deceased John Haddin, senior, or otherwise, by the order of the said John Haddin, which is indorsed upon the said obligation, and which is as follows:
" 27th April 1821. Pay to my son, James Haddin, the above sum, and interest due thereon, to whom the same is assigned."
(Signed) " John Haddin, senior."
The action concluded against the defenders, as representatives of M'Ewan and Ballingall, for payment of the principal sum, and interest from 12th March 1816.
In defence it was, inter alia, pleaded—That the document libelled, being in the nature of a promissorynote, was null for want of stamp: Pirie's Representatives, 28th February 1833, 11 S. and D., 473. Jurist, Vol. V. p. 294.
The Lord Ordinary, in respect of the case quoted, sustained the defence, and found expenses due.
The pursuer reclaimed and contended, That in form, the acknowledgment was a letter and not a promissorynote. The construction of the Stamp Act, in such a case, ought to be favourable, because the highest penalty of the Act applied to this document, if viewed as a promissory-note.
Lord Glenlee.—Why did you not try to get it stamped ? Lord Justice- Clerk.—The Act of Parliament says, we shall not look at any document which requires a stamp but which wants one. The Court cannot be consulted as to the necessity of a ■tamp in this way. When the document bears a stamp it may be looked at, but until then, in terms of the Act of Parliament, we must disregard it.
Lord Medwgn—I never saw two cases so much alike, as this and that of Pirie's representatives. It is impossible to hold that this is not a promissory-note.
Their Lordships refused the reclaiming note, with additional expenses.