Cautioners who have not the benefit of Discussion.
Dunbar v. The Earl of Dundee
1665.
July. Case No. No 38.
A cautioner bound as surety and full debtor, though not conjunctly and severally, has not the benefit of discussion.
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By contract betwixt George Dunbar and Margaret Carnegie, David Carnegie of Craig, her brother, as principal, and the Earl of Dundee as cautioner, soverty, and full debtor, are obliged to pay to the said George the sum of 8000 merks; whereupon George charges the Earl, who suspends upon this reason, That he is but cautioner, and not obliged conjunctly and severally, and therefore the principal ought to be first discussed.—Answered, That he is bound as full debtor, and therefore there is no necessity of discussing, unless it had been so provided.
The Lords found the letters orderly proceeded. See No 41. p. 3586.
