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Ogilvy v Napier. [1610] Mor 2600 (20 December 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0602600-047.html Cite as:
[1610] Mor 2600
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. V.
Compensation, its Effect Relative to Onerous Assignees
Ogilvy v. Napier
Date: 20 December 1610 Case No. No 47.
Compensation was admitted against an assignee, tho' the debt, which was to compensate the other, was contracted after the assignation; but it was before intimation.
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In an action of reduction pursued by Mr David Ogilvy contra William Napier, for reducing of a decreet recovered at the instance of the said William contra Patrick Muscrop, for the which Patrick the said Mr David was cautioner, the Lords sustained an action upon compensation, viz. that Mr David being cautioner for Robert Joyssie, cedent to Mr William Cuninghame, for the sum of 1200 merks, the time of the assignation made by Robert Joyssie to William, he, before the said assignation, at the least before the intimation thereof, made payment to Mr William Cuninghame; and consequently, as the said debt, it might compense against Robert Joyssie, so it must compense against the said William Napier, notwithstanding it was answered, that compensation could be only competent to him for a debt owing before the assignation.
