Opperman v De Beer [1915] ZATPD 16 (24 March 1915)

Cession.- Bond.- Notice not given to mortgagor. - Compromise between mortgagor and mortgagee after cession.

A mortgagee had ceded a bond to defendant as security for an advance of the amount of the bond. No notice of the cession was given to the mortgagor. In an action by the mortgagor for cancellation of the bond he relied on an agreement entered into after the cession between himself and the mortgagee in terms whereof the mortgagee agreed that he sold certain shares on behalf of the plaintiff and, that after giving the latter credit for the amount so realized, the balance due under the bond was only an amount which the plaintiff tendered against cancellation, Held, that the plaintiff could not rely on the said agreement
as against the defendant.