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Scottish Court of Session Decisions >>
Carnoway v Stewart. [1611] Mor 2600 (16 January 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0602600-048.html Cite as:
[1611] Mor 2600
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. V.
Compensation, its Effect Relative to Onerous Assignees
Carnoway v. Stewart
Date: 16 January 1611 Case No. No 48.
Compensation was admitted against an assignee.
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If I be addebted to any man in a sum of money, and he make me a posterior obligation of another sum, that last bond will not take away nor relieve me of my former debt by presumption, as if he would not have given me a bond if I had been addebted to him. And he that is addebted to me, and I to him, cannot, by his assignation of my obligation to a third party, prejudge me of my exception of compensation, but the same will be as competent against the assignee as it would have been against the cedent.
