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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Garden of Troup v Mr Rigg. [1743] 1 Elchies 17 (25 November 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010017-001a.html
Cite as: [1743] 1 Elchies 17

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[1743] 1 Elchies 17      

Subject_1 ADVOCATE.

Garden of Troup
v.
Mr Rigg

1743, Nov. 25.
Case No. No. 1.

Click here to view a pdf copy of this documet : PDF Copy

The Lords found, that indefinite receipts of money in part payment of what the payer ewed were no interruption of prescription of any particular debt, and likewise that a general submission of all claggs and claims, without proving that that particular debt was claimed, or where the submission was totally cancelled, was no interruption,—and that a trustee who uplifted his employer's money and applied it to his own use, but acquainted his employer of his having done so, was not liable for annualrent. Lastly, That Mr Rigg being Mr Arrat's ordinary lawyer, could not object the nullity of the form of the bills he had granted Mr Arrat, that they bore annualrent and penalty, although the bills were written by Mr Arrat the drawer.—Adhered, 7th December, by President's casting vote.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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