Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Thomas Bultie
v.
The Earl of Airly

Date: 3 February 1676

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The Earl of Airly's father being debtor to one Melvill of Pittachope, by two several bonds, this Earl did grant a bond of corroboration in favours of Melvill. The two principal bonds being assigned by Melvill to one Rollo, but not the bond of corroboration, Thomas Bultie, as having right to the assignation, did pursue this Earl of Airly for payment.

It was alleged for the Earl, That there could be no process upon the bond of corroboration granted to Melvill, because it was not expressly assigned, but only the two principal bonds granted by his father; and the pursuer having no right thereto, Melvill might discharge the said Earl, having still the right in his person to that bond.

It was replied, That the assignation did bear, not only a right to the two bonds, but a general clause, and to all that had followed thereupon; and the bond of corroboration being accessorium, sequitur principale.

The Lords did sustain the action, upon the assignation bearing that general clause; which they found to comprehend not only all legal diligence, but likewise all additional securities, unless they had been particularly reserved in the assignation; or that, before the assignation intimated, the Earl of Airly had obtained a discharge of his bond of corroboration, or had retired the same before it was cancelled; which they found relevant to be proven: otherwise they found him liable, and that he was in tuto to make payment to the pursuer.

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