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Lang purchased some cattle at a public sale of the stock of Mr Rennie of Phantassie, for which he granted two bills, one for L.300, at two months, and the other for L.495, at three months. These bills were indorsed by Rennie to Alexander Allan and Co.
The bill charged on being granted for the stock, which the committee refused to deliver up, and one of that committee being also one of the chargers, they were not entitled to withhold the stock, and at the same time insist for payment of the price. The suspender attended the meetings not as a creditor, but for the purpose of getting delivery of the stock, which had been agreed to by the agent for the committee, although afterwards refused by the committee.
The Court , on the ground that the chargers were onerous indorsees, and as such entitled to payment of the bills, notwithstanding any claim for damages against the committee of Rennie's creditors, altered the interlocutor complained of, and found the letters orderly proceeded.
Lord Corehouse, Ordinary. Act. Skene, Cuninghame. Greig & Morton, W. S. Agents. Act. Sol.-Gen. (Cockburn,) Whigham. Allan & Bruce, Agents. S. Clerk.
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