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Scottish Court of Session Decisions >>
Thomas Watsone, Merchant in Edinburgh, v Johnstones of Coreheid. [1671] 2 Brn 516 (2 February 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020516-0870.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Thomas Watsone, Merchant in Edinburgh, v. Johnstones of Coreheid
Date: 2 February 1671
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In this cause it was debated, whether a prorogation granted to a principal debtor will be profitable to a cautioner; and if such a prorogation will infer a novation so as simply to liberate the cautioner; and if a novation of the sum contained in a former bond may be also made use of by the cautioner in the same, though it seems not to be introduced in the cautioner's favours. See Mascardus conclus. 1113. Vide etiam, Schotanum de constitut. Principum, page 28, de Rescriptis moratoriis made in favours of the principal, but not of the cautioner. Vide Notas D. van Tien super eo loco ibique Freundergerbium.
