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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Campdell v David Gibson. [1753] 2 Elchies 87 (27 November 1753) URL: http://www.bailii.org/scot/cases/ScotCS/1753/Elchies020087-054.html Cite as: [1753] 2 Elchies 87 |
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[1753] 2 Elchies 87
Subject_1 BILL OF EXCHANGE.
Date: James Campdell
v.
David Gibson
27 November 1753
Case No.No. 54.
A cautionary obligation constituted by a bill supported by the Court.
Click here to view a pdf copy of this documet : PDF Copy
A bill accepted by one as principal and another as cautioner being suspended by the cautioner, for that a cautionary obligation could not be created in the form of a bill; the suspender on oath acknowledged that he wrote the bill; that he agreed to become cautioner, and therefore wrote it in that form; that the charger objected to the word cautioner, and that he the suspender answered, that he would be bound in no other way. First Lord Kilkerran, and then the whole Court repelled the reason of suspension, and Drummore, (who was in the chair) doubted if being bound as a cautioner was a nullity.
The electronic version of the text was provided by the Scottish Council of Law Reporting
