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(1813) 1 Dow 247
REPORTS OF APPEAL CASES IN THE HOUSE OF LORDS During the Session, 1812–13. 53 Geo. III.
FROM SCOTLAND.
SCOTLAND
APPEAL FROM THE COURT OF SESSION.
No. 22
CAUTIONRY.
Suspension against a charge upon a bond, on the ground of fraud by the charger in obtaining it. The alleged fraud consisted of unfounded representations of circumstances generally, without any direct reference to the bond, which was admitted not to have been elicited by the Respondent. Judgment that the bond was valid, and this decision affirmed upon appeal.
Bond by Respondent for faithful conduct of his nephew.
Bond by Appellants to relieve Respondent.
The Respondent, in 1795, became bound jointly with Sir D. Carnegie to the British Linen Company for the faithful conduct of his nephew, Robert Christie, who was the Company's Agent at Montrose. In 1796, the Respondent having become uneasy at the extent of his obligation, proposed to his nephew to limit his discounts to the annual sum of 18,000 l.; and otherwise, he stated, that he would withdraw his security. The nephew, to prevent this, prevailed upon the Appellants to become bound in another bond, to relieve the Respondent from his liability to a certain amount. In 1804, Robert Christie, the nephew, became bankrupt, and the Respondent called upon the Appellants to relieve him in terms of their obligation, which they refused. A charge followed, and the Appellants presented their bill of suspension. Their defence amounted to this, “ that they had been induced by fraud to subscribe the obligation in
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Judgment.
The Appellants appealed from this decision; but the appeal was immediately dismissed, and the interlocutors complained of affirmed.
Solicitors: Agent for Appellant, Berry.
Agent for Respondent, Chalmer.