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Scottish Court of Session Decisions >>
Stewart v Foggo. [1766] Mor 8136 (2 December 1766)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/Mor1908136-042.html Cite as:
[1766] Mor 8136
Solemnities requisite in the execution of diligence. - Purification of condition debts.
Stewart v. Foggo
Date: 2 December 1766 Case No. No 42.
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A bill having been indorsed to a merchant in London, for “value in account,” was protested in his name for not payment, and returned to the indorser, who charged the accepter with horning, and executed a poinding, after receiving advice that the indorsee had died at London some days before the date of charge.
“The Lords reduced the poinding;” though it was pleaded that, in the case of indorsations for value in account, the substantial interest remains in the indorser.
And they repelled the plea of retention argued for the poinder, upon the authority of the decisions, 10th December 1707, Lees contra Dinwoody, No 14. p. 3831.; and 14th July 1745, Creditors of Glendinning contra Montgomery, No 51. p. 1449. and No 34. p. 2573.
In both these cases, there was a bona fides, which did not occur in this case.
Act. Sinclair.Alt. Armstrong.
Fac. Col. No 48. p. 277.
