Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Bust v. -
Date: 15 November 1679
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In a case betwixt one Bust and——————, an assignee charges for a sum. The debtor suspends upon this reason, That he offered to prove, by the charger's oath, the assignation is to the cedent's behoof; which being confessed, then he proponed payment or compensation against the cedent. The assignee appears, and depones that it is to his own behoof, but that he had got an assignation to a debt on thir terms: that, if he could recover payment, then to pay himself therewith; if not, then the cedent was still to be his paymaster, and not to be exonered of the debt.
The Lords, at the advising of this oath, had some inclination to find this assignation was upon the matter to be reputed to the cedent's behoof, seeing it was. not taken by him in satisfaction, but only as a collateral security, and in corroboration; but it was not fully decided.
