Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XV.
Concursus Debiti et Crediti.
Laird Aitken's Daughter v. Home
Date: 27 November 1632 Case No. No 114.
A sum due to a pupil was not allowed to be compensated by the debtor, with a sum due to him by her father, her administrator.
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Laird Aitken's daughter, who had a certain sum of money left to her by her good-dame, and the sum lent to Mr James Home, minister of, with consent of her father, as lawful administrator to her, charges the said Mr James for the sum. He suspends, alleging, That her father, who was lawful administrator, was addebted to him in as much as he was charged for; and, since she was a pupil, and could give no discharge, but her father, who was lawful administrator, must receive the money and give discharge for her, and seeing he has as much in his own hands already as might pay his daughter, the suspender ought to have compensation. To which it was replied by the pursuer, That the money charged for was the minor's proper money, and not given to her by her father, but by her good-dame; no debt owing by her father could compense that her debt, which was neither liquid nor inter easdem personas. The Lords repelled the reason of suspension, and found no compensation.
