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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archibald Ainsley v Dalmahoy and Hannay. [1683] 2 Brn 29 (00 January 1683) URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020029-0083.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Archibald Ainsley
v.
Dalmahoy and Hannay
1683 .January .Click here to view a pdf copy of this documet : PDF Copy
A principal and cautioner having granted a bond for money borrowed from Thomas Weir, in name of, and as pertaining to one Wallace, his brother-in-law, payable to Wallace or Weir;—the Lords found, That Thomas Weir, as correus credendi, might have uplifted the money from the debtor, and effectually discharged him thereof; yet he could not, without a factory from Wallace, assign the bond to the cautioner, upon payment made to himself. This was found pro and contra; but, at length, the factory was produced.
Page 20, No. 105.
The electronic version of the text was provided by the Scottish Council of Law Reporting