[1661] Mor 2072
Subject_1 CAUTIONER.
Subject_2 SECT. I. When understood Cautioner, when Expromissor.
Hume
v.
Lockhart of Lee
1661 .June .
Case No.No 1.
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A Person who wrote a letter to another's creditor, desiring him to delay Mr Douglas for the price of the horse till Whitsunday next, and he would see to his paying of it to the creditor, found liable as cautioner, and not as expromissor; because Douglas was not liberate, and the letter was personaliter conceived; but found liable only subsidiarie, after discussing of the principal party by horning and caption.
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