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Scottish Court of Session Decisions >>
Grant v Creditors of Grant. [1793] Mor 13221 (00 June 1793)
URL: http://www.bailii.org/scot/cases/ScotCS/1793/Mor3113221-028.html Cite as:
[1793] Mor 13221
Where resting owing is referred, are payment, or satisfaction, or payment to a third party, at the pursuer's desire, intrinsic?
Grant v. Creditors of Grant
1793.
June. Case No. No 28.
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A man being sued for payment of a bill which was prescribed, and resting being referred to his oath, he swore the bill was due, but that there was a sum at granting it owing to him equal to the sum in the bill, which had been overlooked by the parties; and that, upon discovering it, the granter had agreed to cancel the bill, which he had not then in his possession. It was questioned whether this was an intrinsic or extrinsic quality? The Court found it intrinsic, as it in fact proved the debt not to be owing. See Appendix.
