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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Dalrymple v Representatives of Dame Jean Halkett. [1736] 2 Elchies 91 (1 July 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020091-003.html |
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Subject_1 BONA ET MALA FIDES - BONA FIDE PAYMENT.
Sir John Dalrymple
v.
Representatives of Dame Jean Halkett
1736 .July 1 ,25 .
Case No.No. 3.
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In the case mentioned, voce Bank, the Lord Borthwick believing the Lady had right to the stock, uplifted the dividends, answered several calls to the bank, and sold three shares. The Lords found her representatives liable for the price of the three shares sold; found, that the advances upon the calls altered not the nature of the stock, but became an accessory thereto; and that the dividends uplifted by the Lady are to be applied in payment of the said advances; but sustained the Lady's bona fides as to the superplus of the said dividends over the payment of the said calls and interest thereof.
The electronic version of the text was provided by the Scottish Council of Law Reporting