Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 QUALIFIED OATH.
Subject_3 In what cases payment to a third party, at the desire of the creditor, is held to be an intrinsic quality.

Robert Hay
v.
Robert Fulton

Date: 21 June 1786

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[Fac. Coll. IX. 422; Dict. 13,220.]

Eskgrove. Qualities natural to the constitution and extinction of obligations are intrinsic: so payment made by the intervention of a third party is intrinsic. This case goes farther: Fulton offers to prove, in consequence of his own oath, that he voluntarily paid a sum equivalent to his debt, to the creditor of his creditor. He ought to prove, by the pursuer's oath, that he received the money.

Justice-Clerk. When a man swears directly not resting owing, the law will believe him; but here the defender does not deny the debt; he only says that he paid the money by order of the creditor.

On the 21st June 1786, “The Lords found that Robert Fulton has not brought sufficient evidence of his having paid the sum of L. 11:14:8 to Limeburner, in consequence of the pursuer's order;” adhering to the interlocutor of Lord Elliock.

Act. R. Cullen. Alt. Ed. M'Cormick.