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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Buchanan and Co. v James Somerville. [1766] Hailes 826 (19 February 1779) URL: http://www.bailii.org/scot/cases/ScotCS/1766/Hailes020826-0509.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRESUMPTION-NOVATIO DEBITI.
Date: Thomas Buchanan and Co
v.
James Somerville
19 February 1779 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VIII. 135; Dict. 3402.]
Braxfield. The taking an additional security did not relieve the old company: here there was no innovation of the debt.
President. “When paid,” means when paid by the new company; for the effects of the old company had been conveyed to the new.
Elliock. This is just such a discharge as would have been granted had the debt been a debt of the new company.
Covington. If the new company took upon itself the debts of the old, the interlocutor is right.
On the 19th February 1779, “The Lords assoilyied;” adhering to Lord Hailes's interlocutor.
Act. Alex. Wight. Alt. Ilay Campbell. Diss. Braxfield.
The electronic version of the text was provided by the Scottish Council of Law Reporting
