If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carnoway v Stewart. [1611] Mor 2600 (16 January 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0602600-048.html
Cite as: [1611] Mor 2600

[New search] [View without highlighting] [Printable PDF version] [Help]


[1611] Mor 2600      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. V.

Compensation, its Effect Relative to Onerous Assignees

Carnoway
v.
Stewart

Date: 16 January 1611
Case No. No 48.

Compensation was admitted against an assignee.


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

If I be addebted to any man in a sum of money, and he make me a posterior obligation of another sum, that last bond will not take away nor relieve me of my former debt by presumption, as if he would not have given me a bond if I had been addebted to him. And he that is addebted to me, and I to him, cannot, by his assignation of my obligation to a third party, prejudge me of my exception of compensation, but the same will be as competent against the assignee as it would have been against the cedent.

Fol. Dic. v. 1. p. 161. Haddington, MS. No 2092.

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0602600-048.html