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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.
Cranston v. Crichton
Date: 16 January 1627 Case No. No 56.
The same found.
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Cranston of Moreston pursued the Laird of Frendraught for the principal sum of 500 merks, paid by him as cautioner for the defender's grandfather, 1611, and for the annualrents thereof ever since.—Alleged, He ought to be assoilzied from the annualrents, because the principal debtor was only bound to relieve the cautioner of the principal sum; and the bond bore not annualrent. And, for the Lords statute 1610, it is only in favours of such creditors as are compelled and forced to pay; but voluntary payment, made by a cautioner undistressed, will not be a good ground to crave annualrent by virtue of that statute; but so it is, that the pursuer paid uncompelled or distressed.—Replied, That the day of payment being past, and the bond registered, it was a sufficient distress for an honest man, and he needed not abide a charge of horning; nam dies interpellat pro homine.——The Lords repelled the allegeance, and found that annualrent was due after payment made by the cautioner.
Fol. Dic. v. 1. p. 43. Spottiswood (Usury), p. 353.
