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Scottish Court of Session Decisions >>
Robert Fotheringhame v Captain Agnew. [1684] Mor 12460 (00 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor2912460-299.html Cite as:
[1684] Mor 12460
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In an action for payment of debt, at the instance of an assignee, the defender proponed compensation upon a debt due to him by the cedent, which he offered to prove by the cedent's oath.
Answered; The cedent's oath is not competent against the pursuer, whose assignation is for an onerous cause.
Replied for the defender; The onerous cause is not adequate, and, in so far as it is not adequate, the assignation is without an onerous cause, and the cedent's oath competent pro tanto.
The Lords were of opinion, that the pursuer should allege the cause of his assignation to be both onerous and adequate; but, before answer, they ordained him to condescend upon the onerous cause, that they might see if it was fully, or near adequate to the sums contained in the assignation.
Fol. Dic. v. 2. p. 236. Harcarse, (Compensation.) No 253. p. 61.
