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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The University of Glasgow v Sir William Miller. [1790] Hailes 1091 (18 November 1790) URL: http://www.bailii.org/scot/cases/ScotCS/1790/Hailes021091-0742.html Cite as: [1790] Hailes 1091 |
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[1790] Hailes 1091
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 CAUTIONER - PERSONAL AND TRANSMISSIBLE.
Subject_3 A cautionary obligation does not fall by the cautioner's death, but continues upon his heirs.
Date: The University of Glasgow
v.
Sir William Miller
18 November 1790 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. X. 302; Dict. 2106.]
Justice-Clerk. A man, becoming cautioner for a factor, binds himself and his heirs: he may, on paying up arrears, liberate himself, and so may his heirs. As to the practice of banks in renewing cautioners, there is good reason for it: the heir may not be so solvent as the original cautioner; and, besides, summary diligence cannot go against the heir of a cautioner.
On the 18th November 1790, “The Lords repelled the defence of the heirs of the cautioners.”
Act. A. Rolland. Alt. A. Wight. Reporter, Swinton.
The electronic version of the text was provided by the Scottish Council of Law Reporting