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Scottish Court of Session Decisions >>
Davidsons v Ranken. [1733] Mor 7061 (20 June 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor1707061-006.html Cite as:
[1733] Mor 7061
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Blyd and Ranken in company gave commission to Rankens merchants in Rotterdam to load a certain cargo, the amount of which they promised to pay; and the cargo being safely arrived, Blyd soon thereafter advises Davidson of the same, and among other things has these words, “You may transfer the account of the Company's goods to my particular account.” By return to this letter, Davidsons tell Blyd, “That at his desire they shall place the amount of the cargo to his particular account.” Upon the sight of this letter, Ranken, the other partner paid to Blyd his proportion of the price of the cargo; and Blvd soon thereafter becoming insolvent, an action was raised against Ranken for the whole price. His defence was, that Davidsons the pursuers had betaken themselves entirely to the faith of Blyd the other partner, by transferring the account of the Company to his particular account, whereby there was a novation of the debt that released him the defender; especially having upon the faith of the pursuer's letter paid his proportion to Blyd. The lords sustained the defence, this weighing with them, that the transaction could have no other sensible meaning than to liberate Ranken, which was obtained by Blyd, in this view, to afford him credit against his partner.
