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Cite as: [1749] 2 Elchies 143
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[1749] 2 Elchies 143
Subject_1 COMPETITION.
Date: Creditors of Charles Gray
24 November 1749
Case No.No. 9.
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Competition of arresters,—the arrester preferred his debt being a bill accepted by two persons, viz. the common debtor and another; the creditor postponed, insisted that the said bill should be assigned to him against the co-obligant. Answered, He could not in equity assign, because that other person was truly only cautioner for the common debtor. Of this there was no written evidence; but as the foundation of the debt was a bargain of victual, a proof before answer was allowed by witnesses, and a pretty convincing proof was brought; and therefore, though we doubted whether it was competent to prove by witnesses that one of two acceptors of a bill is only cautioner, yet as this claim to have the bill assigned was only a claim, in equity, we found the creditor preferred not bound to assign.
The electronic version of the text was provided by the Scottish Council of Law Reporting