If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr John Wallace v Forbes. [1662] Mor 3346 (19 June 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0803346-002.html

[New search] [View without highlighting] [Printable PDF version] [Help]


[1662] Mor 3346      

Subject_1 DEBTOR AND CREDITOR.
Subject_2 SECT. I.

Relief among Co-debtors, and whether the Creditor, upon payment, is bound to assign in order to operate relief.

Mr John Wallace
v.
Forbes

Date: 19 June 1662
Case No. No 2.

Where persons are bound conjunctly and severally, they are entitled to relief against one another.


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

Robert and William Forbes', and Hugh Wallace, being bound in a bond as co-principals, Hugh Wallace being distressed for all, consigned the sum to this charger's son. Forbes suspends, on this reason, that there is no clause of relief in the bond, and Wallace being debtor in solidum, and having gotten assignation confusione tollitur obligatio. The charger answered, That though there was no clause of relief, hoc inest, where many parties are bound conjunctly and severally, that each is obliged to relieve others.

The Lords repelled the reason of suspension for the suspender's part, and found them liable therefor, but not for the other co-principal parties.

Fol. Dic. v. 1. p. 221. Stair, v. 1. p. 111.

*** The like was decided in the cases of Monteith against Anderson, voce Bankrupt, No 133. p. 1044.; and Ferguson against More, voce Compensation.—Retention, No 119. p. 2652.

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0803346-002.html