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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Godfrey M'Culloch v William Cleland. [1684] Mor 1666 (00 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor0401666-009.html
Cite as: [1684] Mor 1666

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[1684] Mor 1666      
Subject_1 BLANK WRIT.
Subject_2 SECT. II.

Effect of intimation of Blank Writs.

Sir Godfrey M'Culloch
 v.
William Cleland

1684, March.
Case No. No 9.

The transmission of a blank deed, is equivalent to an assignation; and the same consequences follow from want of intimation.

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A debtor pursued upon his bond, at the instance of an assignee, alleged compensation against the cedent.

Answered for the pursuer: That the bond was granted blank, which imports that the granter passed from all grounds of compensation then existing.

Replied for the defender: The matter was rendered litigious before intimation of the blank bond to the debtor, by any of the persons acquiring the same, by progress from the creditor who first received it blank; and, though a blank-bond be a present complete right to the first creditor, yet the delivery thereof by him to any other person is but like an assignation, and ought to be intimated.

The Lords sustained the defender's reply.

 Fol. Dic. v. 1. p. 103. Harcarse, (Compensation.) No 260. p. 62.

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/1684/Mor0401666-009.html