Scottish Court of Session Decisions

Subject_1 CONSIGNATION.

Robertson
v.
Creditors of Mathieson

Date: 1 February 1738
Case No. No 1.

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A purchaser of land having granted bond for the price, which he could not directly pay, because of incumbrances; the seller, some terms thereafter, intimated to him, he would be ready to receive the price at Whitsunday then next; the money was accordingly offered at the term, but incumbrances not being purged, the purchaser took a protest for costs, skaith, and damage, and to be free of interest, in regard he was to consign the money, which he accordingly did, in the hands of a private banker. The Lords found him free of interest, though it was pleaded, there could be no regular consignation, except upon a suspension in the hands of the clerk, from whom the creditor has access to demand the money by authority of the Court. See Appendix.

Fol. Dic. v. 1. p. 199.