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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Marquis of Douglas v Mr William Sommervill. [1678] Mor 2625 (24 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0702625-081.html
Cite as: [1678] Mor 2625

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[1678] Mor 2625      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XI.

Compensation or Retention, whether good against an Actio Mandati.

Marquis of Douglas
v.
Mr William Sommervill

Date: 24 July 1678
Case No. No 81.

Found as above.


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William Sommervill, who had paid true debts without the Marquis's order, and in his compts sought allowance of them; the Lords refused to allow him these payments by way of compensation, but reserved him action, since it is not properly a compensation between master and chamberlain. This was decided before, between Crichton, &c. (supra.)

Fol. Dic. v. 1. p. 162. Fountainball, MS.

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/1678/Mor0702625-081.html