Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Mr James Weimes v. -
Date: 18 June 1670
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This was a suspension raised upon compensation craved against him from whom Mr. James had the bond charged on.
To which it was Answered,—That there was no place for compensation here, because the suspender having granted bond to, in the name of the creditor, the said to whom it was delivered, filled up Mr. James his name in the bond, for onerous causes: so that whatever compensation may be competent against him to whom the blank bond was delivered, the same can never be objected against Mr. James, unless he offer him to prove, by the said Mr. James his oath, that his name is only filled up therein to the cedents' behoof; for he who grants a blank bond gives power to the party to whom he delivers it to fill in what name he pleases therein, and so renounces any compensation that may be competent to him against him to whom he gives the same, and tacitly passes therefrom.
The Lords found this answer relevant: notwithstanding of this reply, that compensation in law is reputed as payment, and ipso jure extinguishes the obligation; and therefore by the very delivery of it to one with whom he had a ground of compensation, he clearly takes away the said bond pro tanto, as if payment had been expressly made thereof.
