Oath of the Debtor, if good against his Creditors?
Cockburn v. Turnbull
1683.
March. Case No. No 307.
Where a party had become cautioner for a servant in a tavern, for any balance of accounts to be settled by the cautioner and the tavern Keeper, - the accounts having been settled with the servant herself, the cautioner was found notwithstanding liable.
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Walter Turnbull surgeon merchant, having become cautioner to Mrs Reidman for Janet Watt, her taverner, by which he was obliged to hold count and pay whatsoever wine or other liquors should be vented by the said Janet Watt, after just count and reckoning made betwixt Mrs Reidman and the said Walter; and Mrs Reidman having counted with the said Janet Watt by herself, and the balance being assigned to John Cockburn; who having pursued Walter Turnbull, and the Representatives of Janet Watt for payment; and it being proved, that the count was fitted betwixt Mrs Reidman and Janet Watt, the said Janet being present;—the Lords found the said Walter Turnbull liable for the balance of the account, albeit he was not present when the account was settled, notwitstanding the bond bore, that he should be only liable for what should be found due after just count and reckoning made betwixt Mrs Reidman and the said Walter.
