In what cases a Cautioner may remain Bound, where the Principal gets Free.
Shaw v. Maxwell
Date: 28 November 1623 Case No. No 5.
A cautioner was bound, although the principal was not, the debt being an account subscribed by a married woman, without her husband. The cautioner could have no relief from the husband.
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In an action betwixt Shaw and Maxwell, for payment of a sum contained in an account of merchant furnishing, which was subscribed by the woman to whom the furnishings were made, and by a cautioner for her:——The Lords sustained this action against the cautioner, albeit the woman, who was the principal, had an husband at the time of the furnishing, and at the time of subscribing of the account by her, who had not subscribed the same; and the cautioner was found to stand effectually obliged, albeit the principal was not so bound, the account not being subscribed by her husband; and albeit the cautioner could not pursue the principal for his relief, for the same reason. See Husband and Wife.
Act.——.Alt. Belshes.Clerk, Gibson.
Fol. Dic. v. 1. p. 124. Durie, p. 83.
