Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Archibald Ainsley
v.
Dalmahoy and Hannay
1683 .January .Click here to view a pdf copy of this documet : PDF Copy
A principal and cautioner having granted a bond for money borrowed from Thomas Weir, in name of, and as pertaining to one Wallace, his brother-in-law, payable to Wallace or Weir;—the Lords found, That Thomas Weir, as correus credendi, might have uplifted the money from the debtor, and effectually discharged him thereof; yet he could not, without a factory from Wallace, assign the bond to the cautioner, upon payment made to himself. This was found pro and contra; but, at length, the factory was produced.
Page 20, No. 105.
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