In what cases a Cautioner may remain Bound, where the Principal gets Free.
Sir Harry Innes v. Commissioners of Supply
Date: 8 February 1728 Case No. No 13.
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One being chosen collector of supply, gave bond with his cautioner to the commissioners, obliging them to make just count, reckoning, &c.; the principal becoming bankrupt, the cautioner insisted in a reduction of the bond, upon this head, that it was null as to the principal debtor, there being no witnesses designed to his subscription, and therefore not binding as to him the cautioner, which the Lords sustained; notwithstanding that the principal having acted as collector, and uplifted, was truly bound to account for his intromissions. See Writ.
Fol. Dic. v. 1. p. 124.
*** See Campbell against Campbell, Gilmour, p. 87. voce Writ.
