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Scottish Court of Session Decisions >>
Johnston's Assignee v - - . [1687] Mor 13241 (00 November 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor3113241-054.html Cite as:
[1687] Mor 13241
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In an action for debt at the instance of John Johnston's assignee, referred to the defender's oaths, they having deponed acknowledging the debt, but with this quality, that the cedent had got goods from them to the value; the Lords found, That this quality not being liquid, did not infer and instruct the compensation; and, seeing the oath did not bear that the defender gave the cedent goods in satisfaction of the debt due to him the cedent, it did not prove payment, as it might have done, had the quality been so conceived, although the cedent was then bankrupt, and in America.
Fol. Dic. v. 2. p. 301. Harcarse, (Compensation.) No 266. p. 63.
