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Scottish Court of Session Decisions >>
A. v B. [1676] Mor 2560 (9 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor0602560-014.html Cite as:
[1676] Mor 2560
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. II.
What understood to be a Liquid Claim.
A v. B
Date: 9 February 1676 Case No. No 14.
Liquidation by witnesses rejected.
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In a suspension, a reason of reduction is libelled, viz. that the charger was debtor to the suspender upon account of a freight; and it was offered to be proven by the charger's oath, that he was so debtor, and by witnesses what the freight extended to.
The Lords found the letters orderly proceeded; and that compensation was de liquido in liquidum, and not de liquidando by witnesses.
