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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
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.
