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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forbes v Innes. [1739] 2 Elchies 275 (9 November 1739)
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Cite as: [1739] 2 Elchies 275
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[1739] 2 Elchies 275
Subject_1 INDEFINITE PAYMENT.
Date: Forbes
v.
Innes
9 November 1739
Case No.No. 1.
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A creditor in two debts, whereof one was due by the debtor proprvo nomine, the other not, having used arrestment upon the first of a sum due the debtor by a promissory-note; in a competition with an onerous indorsee to the note, who endeavoured to extinguish the debt on which the arrestment was used by indefinite payments made by the common debtor; the Lords found that the arrester might ascribe the indefinite payments to the debt worst secured, so as to support his arrestment. Vide inter eosdem 2d February 1739, voce Promissory Note. Vide 2d January 1739, Sir William Maxwell, voce Compensation, No. 6.
*** The like judgment was given 7th December 1742, Creditors of Harwood against Paterson of Kirktown.
See Notes.
The electronic version of the text was provided by the Scottish Council of Law Reporting