Last Updated：2022/12/24
In my opinion a defendant in an action for provisional sentence on a mortgage bond who has renounced the benefit of the exceptio non numeratae pecuniae is not debarred either in the provisional case or in the principal case from raising the defence that he did not receive the money in respect of which he had acknowledged his indebtedness. The benefit of the exception is to enable a defendant to place upon the plaintiff the onus of proving that the money was paid; by renouncing the benefit, the defendant takes the onus of proof upon himself.
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Source Sentence
In
my
opinion
a
defendant
in
an
action
for
provisional
sentence
on
a
mortgage
bond
who
has
renounced
the
benefit
of
the
exceptio
non
numeratae
pecuniae
is
not
debarred
either
in
the
provisional
case
or
in
the
principal
case
from
raising
the
defence
that
he
did
not
receive
the
money
in
respect
of
which
he
had
acknowledged
his
indebtedness.
The
benefit
of
the
exception
is
to
enable
a
defendant
to
place
upon
the
plaintiff
the
onus
of
proving
that
the
money
was
paid;
by
renouncing
the
benefit,
the
defendant
takes
the
onus
of
proof
upon
himself.
