Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Walter Ewing v. Sir Walter Seaton
Date: 23 July 1670
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The letters being found orderly proceeded in a suspension, and the charger seeking the penalty of the bond in respect he had got two decreets in the matter, and was forced to come from London to prosecute it. Answered, There is no penalty incurred but where the debtor is in mora to pay; but here there was no mora, seeing the suspender had a good reason of suspension, viz. that he being only a cautioner he was in bona fide to suspend, in regard the principal had suspended for that same debt; and so he was not in tuto to pay.
