Relief among Co-debtors, and whether the Creditor, upon payment, is bound to assign in order to operate relief.
Mr John Wallace v. Forbes
Date: 19 June 1662 Case No. No 2.
Where persons are bound conjunctly and severally, they are entitled to relief against one another.
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Robert and William Forbes', and Hugh Wallace, being bound in a bond as co-principals, Hugh Wallace being distressed for all, consigned the sum to this charger's son. Forbes suspends, on this reason, that there is no clause of relief in the bond, and Wallace being debtor in solidum, and having gotten assignation confusione tollitur obligatio. The charger answered, That though there was no clause of relief, hoc inest, where many parties are bound conjunctly and severally, that each is obliged to relieve others.
The Lords repelled the reason of suspension for the suspender's part, and found them liable therefor, but not for the other co-principal parties.
Fol. Dic. v. 1. p. 221. Stair, v. 1. p. 111.
*** The like was decided in the cases of Monteith against Anderson, voce Bankrupt, No 133. p. 1044.; and Ferguson against More, voce Compensation.—Retention, No 119. p. 2652.
