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Scottish Court of Session Decisions >>
Elizabeth and Janet Dicksons, v George Trotter. [1776] Mor 873 (18 January 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Mor0200873-075.html Cite as:
[1776] Mor 873
Subject_1 ASSIGNATION. Subject_2 Intimation by what equivalents suppliable.
Elizabeth and Janet Dicksons, v. George Trotter
Date: 18 January 1776 Case No. No 75.
The debtor's private knowledge is not equivalent to an intimation, nor is parole evidence competent for proving such knowledge.
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The Lord Ordinary having assoilzied the debtor, in a bond that was assigned, from an action brought at the instance of the assignee, the pursuer reclaimed, and prayed the Court either to find the defender, in respect of his being, in the knowledge of the assignation to the pursuer, liable in the contents of the bond; or, at least, to allow a proof of that knowledge by the oaths of two persons named.
The Lords ‘adhered to the Lord Ordinary's judgment.’
