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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferguson v More. [1665] Mor 2652 (12 December 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0702652-118.html
Cite as: [1665] Mor 2652

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[1665] Mor 2652      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XV.

Concursus Debiti et Crediti.

Ferguson
v.
More

Date: 12 December 1665
Case No. No 118.

Compensation proponed by a debtor against an assignee was found not relevant upon a debt of the cedent's, purchased by the debtor before the date of the assignee's right, but not intimated to the cedent until lie was denuded by the assignee's intimation to the debtor.


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In the case, Ferguson contra More, the Lords found, That compensation should not be granted against an assignee upon a debt of the cedent assigned to the suspender; unless intimation had been made to the cedent, before the charger's intimation of the assignation made to him by the cedent. See No 116. p. 2650.

Dirleton, No 3. p. 4.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0702652-118.html