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Scottish Court of Session Decisions >>
Pringle v Campbell. [1731] Mor 12461 (9 February 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor2912461-301.html Cite as:
[1731] Mor 12461
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The oath of the indorser sustained against an onerous indorsee, to prove that a bill was for money won at play, and consequently void.
A cedent who has given warrandice that the whole debt is resting owing, is not allowed thereafter to depone against the assignee, that any part is paid: But in such a case as the present there is the same reason for sustaining the cedent's oath, that there is for sustaining a proof of payment by the common debtor's oath against an arrester, because, being liable in warrandice, it is virtually deponing against himself. See Appendix. See No 316. p. 12473.
