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Scottish Court of Session Decisions >>
Rob, Merchant in Glasgow, v Smellie. [1694] 4 Brn 151 (13 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040151-0343.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Rob, Merchant in Glasgow, v. Smellie
Date: 13 February 1694
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The Lords found the bond was drawn in the Scotch form, and that both were correi debendi, and principals: but, in regard it was alleged there was also an English bond for the same sum, and that, by the custom of England, he that is second named in a bond, is reputed only cautioner; therefore, before answer, they ordained him to depone anent the having of the said English bond.
