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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hume v Lockhart of Lee. [1661] Mor 2072 (00 June 1661)
URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor0502072-001.html
Cite as: [1661] Mor 2072

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[1661] Mor 2072      
Subject_1 CAUTIONER.
Subject_2 SECT. I.

When understood Cautioner, when Expromissor.

Hume
 v.
Lockhart of Lee

1661. June.
Case No. No 1.

Click here to view a pdf copy of this documet : PDF Copy

A Person who wrote a letter to another's creditor, desiring him to delay Mr Douglas for the price of the horse till Whitsunday next, and he would see to his paying of it to the creditor, found liable as cautioner, and not as expromissor; because Douglas was not liberate, and the letter was personaliter conceived; but found liable only subsidiarie, after discussing of the principal party by horning and caption.

 Fol. Dic. v. 1. p. 123. Harcarse, (Cautioner.) No 234. p. 56.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor0502072-001.html