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Cite as: [1777] Mor 2692
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[1777] Mor 2692
Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XVII. Effect of Compensation, of Retention, of Re-compensation in instances not included in the Preceding Sections.
Date: Elliot
v.
M'Kay
16 July 1777
Case No.No 152.
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Compensation was proponed against a bill in the hands of an onerous indorsee, which had lain over two years after its date, and 18 months after the term of payment without any demand being made, or diligence used. The Lords were of opinion, that the statute 12th Geo. III., ought to make an alteration of the former practice of the Court in such questions, and therefore they found that in the present case, compensation was not proponable. See No 205. p. 1648.
*** See The particulars in the Appendix relative to this title.
The electronic version of the text was provided by the Scottish Council of Law Reporting