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Scottish Court of Session Decisions >>
Lord Lyon and Spynie v Ardoch. [1744] Mor 14676 (15 December 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor3314676-056.html Cite as:
[1744] Mor 14676
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XII.
Conjunct Acceptors or Drawers of a Bill.
Lord Lyon and Spynie v. Ardoch
Date: 15 December 1744 Case No. No. 56.
Three persons having borrowed a sum, on their joint security, and lent it on a bill payable to them three, it was found two might pursue for the whole.
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Ross of Clava being debtor to Gordon of Ardoch in £.100 Sterling, was pressed for the money; on which the Lord Lyon, Sir Robert Monro of Foulis, and Brody of Spynie, borrowed an equal sum, and gave it to Ardoch, on his bill, payable to them three, who, it would seem, were not willing to rely on Clava's security; and the bill was put in Spynie's hands.
Ardoch paid up the annual-rents, and from time to time renewed the bill; but stopping, at length, was pursued on the last granted by him, by Lyon and Spynie, Sir Robert Monro having disclaimed the process.
In this action, the only question was, How far two of the creditors in the bill could pursue for the whole? the defender alleging the obligation was equal to them all, which therefore divided amongst them; and the pursuers contending, that the bill being given for money, which they had jointly borrowed, behoved to be paid to any of them that demanded it, to relieve them of that contraction.
The Lords found the pursuers were entitled to the whole contents of the bill.
Act. H. Home.Alt. Hamilton Gordon.Clerk, Kilpatrick.
Fol Dic. v. 4. p. 296. D. Falconer, v. 1. p. 26.
