Who must be the parties in the transference of a contract assigned?
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Mr. Hart being made assignee by Davidson, who was assignee by Elliot to a contract, for the sum of 700 merks, addebted to the said Elliot by Chisholm, and to all that followed thereon, craving transferring in him as assignee foresaid of the said registrated contract, and of an act of caution, found by the said Chisholm in a suspension of the charges raised by Elliot his creditor, upon the said contract active; in which action of transferring, the cautioner was only summoned thereunto, and not the principal debtor, who was charged and had suspended; this action of transferring was sustained, albeit the principal party charged and contracter, and who suspended, was not summoned, but only the cautioner, in respect protestation was admitted against that suspension, whereby the suspension was not standing undiscussed; for as the principal creditor who was cedent, might after the protestation have charged the cautioner, and miskenned the principal, even so his assignee might seek transferring against the cautioner, after protestation, and misken the principal.
Act. Præsens.Alt. Burnet.Clerk, Gibson.
Durie, p. 551.
