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Latin. An exception or defense that money was not paid. This was one of the exceptions of the Roman law, and could be pled by any one who had undertaken a certain obligation in the expectation of receiving a certain sum of money in return which was never paid him. The exception was only available for two years from the date of the obligation. In Scotland, if a person granted a bond for a certain sum of money and in it acknowledged its receipt and became bound for its repayment, he would be entitled to resist any action or diligence raised upon the bond by the grantee, upon the exception that he had never received the money. Such an exception would be available at any time against the grantee or his representatives, but would not be competent against an onerous assignee. The acknowledgment in the bond that the money had been received, is not so absolute as to prevent its being redargued by proof.
