BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, 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!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
L. Cockpuil v Johnston. [1629] Mor 2115 (4 December 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0502115-043.html Cite as:
[1629] Mor 2115
A principal is bound to relieve his cautioner of all consequences of his obligation, though not expressed in the obligation of relief.
Click here to view a pdf copy of this documet : PDF Copy
The principal is found obliged to pay his cautioner, who was distrest, and paid for him the principal sum, and all the annualrents since the term of his payment, albeit the bond bore only (the same being only moveable), “That the principal bound him to relieve his cautioner of the premisses in the bond,” which was only principal sum and penalty, and that it did not relieve him of all cost, skaith, damage, and expenses, which the cautioner might incur by his becoming cautioner.
Act. Hope et Nicolson.Alt. Stuart.Clerk, Hay.
Fol. Dic. v. 1 p. 127. Durie, p. 473.
