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Scottish Court of Session Decisions >>
Baillie v Nisbet. [1623] Mor 518 (25 March 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0200518-055.html Cite as:
[1623] Mor 518
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due to CAUTIONERS, FACTORS, MANDATARS, TUTORS, &c. Subject_3 As a Recompence for advancing their own Money upon their Constiuent's Account.
Baillie v. Nisbet
Date: 25 March 1623 Case No. No 55.
Elapsing of the term of payment and registration of the bond, sufficient distress to entitle the cautioner to claim annualrent of the sums paid out by him for the principal debitor.
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In an action of suspension betwixt Sir James Baillie and Nisbet, Sir James being cautioner for the defender, in certain sums, and after registration of the bond, having paid the sum; in the which bond, the principal is obliged to relieve the cautioner of all cost, skaith, and damage, to be incurred by him through his cautionry; the bond being of the nature of a moveable sum, and bearing no annual:——The Lords found, that the cautioner might seek his relief, and charge, for payment to him of the annualrent of the principal, for all terms since he made payment thereof to the creditor, albeit he had not sought his relief, and payment thereof many years, and albeit it was a great space after the payment of the principal sum, without any charges of horning, or poinding, or other distresses; seeing the Lords found, that he being obliged, and the bond registrate, and thereafter payment made, that was a sufficient distress, without any more, to produce this action for relief of the annuals against the party obliged.
Act. Belshes.Alt. Nisbet.Clerk, Hay.
Durie, p. 62.
