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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Paterson v M'Aulay. [1742] 1 Elchies 103 (9 December 1742)
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Cite as: [1742] 1 Elchies 103
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[1742] 1 Elchies 103
Subject_1 COMPENSATION - RETENTION.
Creditors of Paterson
v.
M'Aulay
1742 ,Dec. 9 .
Case No.No. 8.
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M'Aulay, after being decerned in a sum of damages to Paterson for oppression and wrongous imprisonment, bought in some bills due by him. Paterson's creditors arrested, and M'Aulay pleads compensation, which Royston, Ordinary, sustained. But on a reclaiming bill, the lawyer for M'Aulay seemed to give up compensation, but pleaded retention, because Paterson is bankrupt. The Lords found there could be no compensation sustained after the decreet, but remitted to the Ordinary to hear them on the retention.
The electronic version of the text was provided by the Scottish Council of Law Reporting