A principal is bound to relieve his cautioner of all consequences of his obligation, though not expressed in the obligation of relief.
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The principal is found obliged to pay his cautioner, who was distrest, and paid for him the principal sum, and all the annualrents since the term of his payment, albeit the bond bore only (the same being only moveable), “That the principal bound him to relieve his cautioner of the premisses in the bond,” which was only principal sum and penalty, and that it did not relieve him of all cost, skaith, damage, and expenses, which the cautioner might incur by his becoming cautioner.
Act. Hope et Nicolson.Alt. Stuart.Clerk, Hay.
Fol. Dic. v. 1 p. 127. Durie, p. 473.
