Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
George Davidson v. Mr William Dunlop
Date: 11 December 1694
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George Davidson, brewer in Leith, against Mr William Dunlop, Primar of the College of Glasgow, on a bond granted by him and other five, about their Carolina plantation, for £67 sterling, to Sir John Hale. His reason of suspension was,—There is a discharge granted to Francis Scot, and John Inglis advocate, two of the debtors; and so you can only exact the other four parts from me. Answered,—That discharge was not on payment of their shares, but only ex gratia, et merum pactum de non petendo; and does not prejudge his recurring against any of the rest to pay the whole; reserving their relief pro rata. replied,—It bears to be for weighty causes, and discharges them simpliciter.
The Lords found it more than a pactum de non petendo; and assoilyied from these two parts, and only decerned for the remanent. But some of the Lords would have examined the parties, before answer, if it proceeded upon actual payment or not.
