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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rogers v Melvill. [1735] 2 Elchies 438 (5 February 1735) URL: http://www.bailii.org/scot/cases/ScotCS/1735/Elchies020438-002.html Cite as: [1735] 2 Elchies 438 |
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[1735] 2 Elchies 438
Subject_1 PERSONAL OBJECTION.
Date: Rogers
v.
Melvill
5 February 1735
Case No.No. 2.
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Dolus dans causam contractui where a bankrupt buys goods on trust. The Lords remitted to the Ordinary to enquire into and report the several qualifications, particularly what were his circumstances at the time of the sale; for some of us thought, that if his debts did not very much exceed his effects at the time, his failing in three weeks would not presume fraud in concilio. Vide Cave's Case, No. 9. voce Bankrupt.
The electronic version of the text was provided by the Scottish Council of Law Reporting