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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1676] Mor 2560 (9 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor0602560-014.html
Cite as: [1676] Mor 2560

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[1676] Mor 2560      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. II.

What understood to be a Liquid Claim.

A
v.
B

Date: 9 February 1676
Case No. No 14.

Liquidation by witnesses rejected.


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

In a suspension, a reason of reduction is libelled, viz. that the charger was debtor to the suspender upon account of a freight; and it was offered to be proven by the charger's oath, that he was so debtor, and by witnesses what the freight extended to.

The Lords found the letters orderly proceeded; and that compensation was de liquido in liquidum, and not de liquidando by witnesses.

Dirleton, No 326. p. 157.

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/1676/Mor0602560-014.html