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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Munro v Bain of Tulloch. [1741] 1 Elchies 88 (22 July 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010088-010.html Cite as: [1741] 1 Elchies 88 |
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[1741] 1 Elchies 88
Subject_1 CAUTIONER.
Sir Robert Munro
v.
Bain of Tulloch
1741 ,July 22 .
Case No.No. 10.
Click here to view a pdf copy of this documet : PDF Copy
A bond of presentation by a principal and cautioner, that the principal shall both present himself and pay the debt, and that under a penalty,—the question was, Whether
this band fell under the prescription of the act 1695? We agreed that a bond of presentation to present or pay in common form does not fall under that act; 2dly, that a corroboration by a principal and cautioner falls under the act, though it be not for money instantly borrowed but for an old debt;—and as we looked upon the obligement to present as inept and superfluous, since whether that was performed or not, the cautioner remained bound, unless the debt was also paid, therefore found it fell under the said act 1695. Renit. Kilkerran, and Dun reporter.
The electronic version of the text was provided by the Scottish Council of Law Reporting
