Scottish Court of Session Decisions

Subject_1 ADVOCATE.

Garden of Troup
v.
Mr Rigg

1743, Nov. 25.
Case No. No. 1.

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The Lords found, that indefinite receipts of money in part payment of what the payer ewed were no interruption of prescription of any particular debt, and likewise that a general submission of all claggs and claims, without proving that that particular debt was claimed, or where the submission was totally cancelled, was no interruption,—and that a trustee who uplifted his employer's money and applied it to his own use, but acquainted his employer of his having done so, was not liable for annualrent. Lastly, That Mr Rigg being Mr Arrat's ordinary lawyer, could not object the nullity of the form of the bills he had granted Mr Arrat, that they bore annualrent and penalty, although the bills were written by Mr Arrat the drawer.—Adhered, 7th December, by President's casting vote.