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Subject_1 BILL OF EXCHANGE.
Alexander
v.
Scott
1742 ,June 18 .
Case No.No. 26.
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A bill being drawn on one as principal and two as cautioners conjunctly and severally, and accepted by them and afterwards paid by the two cautioners; after the death of all the three, action was sustained at the instance of the cautioners' executors against the heir of the principal for re-payment, and the nullity objected to the bill sustained. In this process two precedents were quoted, one of a case reported by Strichen 4th December 1731, and another reported by me in 1735, (that 1 do not remember) where bills drawn on one as principal and another as cautioner were sustained, and a third case reported by Kilkerran, where such a bill was found null. The President was of opinion it was a good bill, but that point we did not determine; only as the cautioners had paid, and possibly on the faith of these two first decisions, we thought they should have recourse.
The electronic version of the text was provided by the Scottish Council of Law Reporting