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Lady Logan v Affleck of Edingham. [1736] Mor 5041 (14 February 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Mor1205041-024.html Cite as:
[1736] Mor 5041
Subject_1 GENERAL DISCHARGES and RENUNCIATIONS. Subject_2 SECT. VI.
General Discharge, if presumed to comprehend debts ab ante assigned.
Lady Logan v. Affleck of Edingham
Date: 14 February 1736 Case No. No 24.
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A general discharge of all debts, sums of money, goods and gear whatsoever, bearing ‘onerous causes and weighty considerations;’ and containing absolute warrandice, was found not to comprehend a bond assigned ab ante, though not intimated; 1mo, Because the granter could not be presumed to be discharging a bond that he was not entitled to take payment of, especially when he could not know but it might be intimated; 2do, The general discharge does not import payment of the bond, without which the debtor must be liable to the assignee, though the bond de facto were assigned. See Appendix.
