BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Shaw v Maxwell. [1623] Mor 2074 (28 November 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0502074-005.html Cite as:
[1623] Mor 2074
In what cases a Cautioner may remain Bound, where the Principal gets Free.
Shaw v. Maxwell
Date: 28 November 1623 Case No. No 5.
A cautioner was bound, although the principal was not, the debt being an account subscribed by a married woman, without her husband. The cautioner could have no relief from the husband.
Click here to view a pdf copy of this documet : PDF Copy
In an action betwixt Shaw and Maxwell, for payment of a sum contained in an account of merchant furnishing, which was subscribed by the woman to whom the furnishings were made, and by a cautioner for her:——The Lords sustained this action against the cautioner, albeit the woman, who was the principal, had an husband at the time of the furnishing, and at the time of subscribing of the account by her, who had not subscribed the same; and the cautioner was found to stand effectually obliged, albeit the principal was not so bound, the account not being subscribed by her husband; and albeit the cautioner could not pursue the principal for his relief, for the same reason. See Husband and Wife.
Act.——.Alt. Belshes.Clerk, Gibson.
Fol. Dic. v. 1. p. 124. Durie, p. 83.
