Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Alexander Bothwell
v.
Mr George Rome

1685. March.

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James Clerk having given a letter of credit on George Rome, factor in London, to advance to Bothwell £40, if he stood in need on't; Bothwell drew a bill on Clerk, payable to James Rome, George's brother; which bill being protested, and Bothwell pursued for not-payment, it was alleged for him, That the money given for the bill being truly employed for Clerk's use, whose apprentice the drawer had been, and George Rome being debtor to Clerk, the drawer ought to have compensation upon the debt due to Clerk. Answered, That compensation is only competent inter eosdem; and James, and not George Rome, is creditor in the bill, for an onerous cause; 2. Clerk's escheat is gifted. The Lords found, by the letter of advice sent with the bill, that the bill was for George Rome's behoof; and therefore found the defender's allegeance relevant to be proven, that James Clerk, who is now bankrupt, was creditor to George Rome, and that the money got by the credit was expended for goods to Clerk.

Page 36, No. 164.