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Scottish Court of Session Decisions >>
Ogilvie v Riddel. [1680] Mor 13956 (17 November 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3213956-042.html Cite as:
[1680] Mor 13956
The clerk of the bills found liable for that part of a sum for which he had neglected to take caution.
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Ogilvie of Logie pursues Walter Riddel, that he expede a bill of suspension, as substitute clerk to the bills, at the instance of three suspenders, and took but caution for two. The defender alleged, That there was nothing of design here, but inadvertance only; and that the writers who draw the bills of suspensions do present the bonds of caution, and are therein; 2do, That James Nicolson hath the trust to see the sufficiency of cautioners, from the clerk of the bills.
The Lords repelled the defences, and decerned Walter Riddel to pay the third part, for which he had taken no caution, the pursuer assigning him to that third part of the bond.—See Public Officer.
Stair, v. 2 p. 799.*** Fountainhall reports this case:
Walter Riddel keeper of the bills under Sir William Bruce, upon a complaint given in against him to the Lords by Logie, is decerned in the sum of 1300 merks, for receiving a bond of caution in a suspension for three suspenders, and it was found to be a bond of caution only for two of them, and not for the third; but they ordained the creditor to assign Walter to the debt for his relief. He confesses, if the creditor-charger lived within the city of Edinburgh or suburbs, ere he accept any caution against him, that he is obliged to intimate it to him, that he may compear and see sufficient caution found; and if he do not acquaint them, that he is liable; but denies that he can do any more but try that they are reputed and holden sufficient, where the creditors live not in Edinburgh.
