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Scottish Court of Session Decisions >>
A. v B. [1676] Mor 2603 (4 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor0602603-054.html Cite as:
[1676] Mor 2603
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. V.
Compensation, its Effect Relative to Onerous Assignees
A v. B
Date: 4 July 1676 Case No. No 54.
An assignation not intimated, not received as a ground of compensation.
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In a suspension against an assignee, upon a reason of compensation, viz. that the suspender had right to the equivalent sum due by the cedent, by an assignation prior to the assignation granted by the cedent to the charger;
It was answered, That the assignation, granted to the charger, was intimate, before the intimation of the assignation granted to the suspender: Whereunto it was replied, That ipso momento, that the suspender got the assignation foresaid, being thereby creditor to the cedent, he had a ground of compensation against the ced nt, and consequently against the charger as assignee: And an assignation, without intimation, is a sufficient right and ground of compensation; unless there were another assignee to the same sum, competing upon that ground, that he had a better right by an assignation intimate.
The Lords notwithstanding did not allow compensation, and found the letters orderly proceeded. See Rollo against Brownley, infra, h. t.
Reporter, Newbyth.Clerk, Hay.
Dirleton, No 366. p. 180.
