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Scottish Court of Session Decisions >>
Horn v Stewart & Rollock. [1631] Mor 11518 (16 November 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor2711518-191.html Cite as:
[1631] Mor 11518
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John Horn, executor confirmed to umquhile Lawrence Horn, pursues Henry Stewart and John Rollock, for payment of 800 merks, for which they were bound to the defunct, as cautioners for Patrick Stewart of Baith, conform to their bond. It was alleged by the defenders; That they ought to be assoilzied; because the pursuer had accepted another bond from the principal, and Robert Stewart, his cautioner, containing the sum of, whereby they were obliged to pay the said sum in full and complete satisfaction of the foresaid sums, and so, by this posterior bond, the prior was innovated, and the cautioners contained in the first bond liberated. To which it was replied; That these words import no innovation, except it had been expressly set down, that the first bond was innovated and discharged; which reply the Lords found relevant, and the letters orderly proceeded.
