Payment to a Person who has lost his Right; to one who is not the true Creditor; to a Creditor denuded. Bona Fide Payment must be actual and real Payment.
Lyon v. Law
Date: 23 February 1610 Case No. No 15.
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Intimation of an assignation being made only to a cautioner, the Lords found, that the principal was in bona fide to make payment to the cedent, so as to liberate him and all other cautioners, no intimation being made to him.
Fol. Dic. v. 1. p. 113. Haddington, MS. No. 1971.
*** See This case, voce Cautioner.
*** It was found in conformity with the above, where intimation was made at the market-cross of the head burgh of the shire, which was no regular intimation; 21st July 1632, Hume against Hume, No 47. p. 848.
