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Scottish Court of Session Decisions >>
William Robertson v Mr. David Forbes. [1685] Mor 14674 (17 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor3314674-052.html Cite as:
[1685] Mor 14674
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XII.
Conjunct Acceptors or Drawers of a Bill.
William Robertson v. Mr David Forbes.
Date: 17 January 1685 Case No. No. 52.
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In this case, the Lords found the bill of exchange being payable to two, they were correi credendi, and that payment made to any one of them liberates the debtor for the whole, reserving action to the other party, as accords, to call him who received the money to account for his proportion of it.
Fol. Dic. v. 2. p. 381. Fountainhall, v. 1. p. 332.*** Harcarse reports this case:
1685. January 17.—The sum in a bill of exchange, payable to two persons in a particular society, was found to divide, and to belong to them equally as correi credendi; so that neither of them could indorse the whole sum, but only the half.
Harcarse, (Bills of Exchange and Receipts), No. 163. p. 36.
