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Note .—‘The Lord Ordinary thinks this case important, but he does not think it difficult.
The parties differ on some particular facts, and perhaps on some which, if cleared up, would leave no case; but the Lord Ordinary is in the belief that the case may be determined on grounds independent of any of those disputed matters.
But, taking the right to be so qualified, the question remains, what advances it will cover.
Dean of Faculty , for reclaimers.— Our plea is derived from the late Lord Meadowbank's opinion in Hall and Bissett, as quoted in 2. Bell, 668. Compensation is not pleadable. Alexander Downie is a distinct party, separate from the company, in whose favour no right is taken. A partner, when sued for a debt due by himself, cannot plead compensation on a debt due to a company of which he happens to be a partner.
Lord Meadowbank .—I am of same opinion. This transaction was for the benefit of the company. But even if it had not been so, I should have said it was not necessary that these advances should be made by Alexander Downie individually, in order to give the company the benefit of their plea.
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Common Room
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