Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION II.

Single Witness, in what cases sustained.
Subject_3 SECT. I.

Cedent's oath, if good against the Assignee.

Pringle
v.
Campbell

Date: 9 February 1731
Case No. No 301.

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The oath of the indorser sustained against an onerous indorsee, to prove that a bill was for money won at play, and consequently void.

A cedent who has given warrandice that the whole debt is resting owing, is not allowed thereafter to depone against the assignee, that any part is paid: But in such a case as the present there is the same reason for sustaining the cedent's oath, that there is for sustaining a proof of payment by the common debtor's oath against an arrester, because, being liable in warrandice, it is virtually deponing against himself. See Appendix. See No 316. p. 12473.

Fol. Dic. v. 2. p. 236.