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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Warne and Co. v. Lillie [1867] ScotLR 3_164 (16 January 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0164.html
Cite as: [1867] ScotLR 3_164, [1867] SLR 3_164
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SCOTTISH_SLR_Court_of_Session
Page: 164↓
Court of Session Inner House First Division.
v.
Facts:
Form of issues adjusted to try a question of liability under a cautionary obligation, the defence being that the pursuers had “given time” to the principal obligant.
This was an action upon a cautionary obligation at the instance of Willam Warne & Co., indiarubber manufacturers, No. 9 Gresham Street, London, against James Lillie, clothier, 45 Queen Street, Glasgow, sole partner of the firm of Lillie & Ferguson, clothiers there. The defence was that the cautioner was liberated from his obligation in respect the pursuers had “given time” to the principal debtor without his knowledge or consent.
The court to-day adjusted the following issues for trial:—
“Whether, in reliance on the letters of caution, Nos. 6 and 7 of process, or either of them, the pursuers, the said William Warne & Co., the usual business terms, furnished goods to Edward Hardmeat, indiarubber merchant in Glasgow, therein-mentioned, sole partner of the firm of Charles Hardmeat & Co., indiarubber merchants there, conform to account, No. 8 of process? And whether, under the said letters of caution, or either of them, and in respect of the goods so furnished, the defender, as cautioner for the said Edward Hard-meat, is resting owing to the said pursuers the sum of £393 10s. 1d., or any and what part thereof, with interest at the rate of 5 per cent. per annum, from 1st March 1866 on the sum of £379, 7s., or such other portion of the first-mentioned sum as consists of principal?”
Or,
“Whether the pursuers gave time to the said Edward Hardmeat for payment of the sums sued for, or any part thereof, beyond the usual period of credit allowed in the trade, so as to liberate the defender from liability for the sums sued for, or any and what part thereof?”
Counsel for Pursuers— Mr Millar, Agents— Adam & Sang, S.S.C.
Counsel for Defender— Mt Clark and Mr Shand. Agents— J. W. & J. Mackenzie, W.S.