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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> MrRobert Blackwoodof Pittreavie v James Haliburton. [1738] 2 Elchies 118 (5 June 1747) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies020118-017.html Cite as: [1738] 2 Elchies 118 |
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[1738] 2 Elchies 118
Subject_1 CAUTIONER.
Date: MrRobert Blackwoodof Pittreavie
v.
James Haliburton
5 June 1747
Case No.No. 17.
Declarator of expiration of cautionary.
Click here to view a pdf copy of this documet : PDF Copy
The principal debtor giving his brother-in-law money to pay a bond by him and cautioner, but taking his brother-in-law's bill for the money, who took assignation to the bond, to keep up the debt against the cautioner; which bill was afterwards pledged to the Bank, and thereafter renewed from time to time by both, and at last paid by the brother-in-law after the death of the other; the cautioner pursued declarator of extinction of the bond wherein he was bound, as paid with the money of the principal debtor; and we sustained the declarator, and declared it extinguished quoad the cautioner. (See Dict. No. 27. p. 10015.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
