Decisions of the Court of Session, 1781-1822; In the Form of a Dictionary

Decisions of the Court of Session, 1781-1822; In the Form of a Dictionary

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 edition. Excerpt: ...cash-book the payment of the principal sum: Shall the former, nevertheless, sustain the debt in a question with this party? The case of Gordon v. Boyle is nowise in the way. For there, by the decree obtained within the six years, the case was taken entirely out of the statute; every thing having been done that the statute requires, and even more, formally to fix and continue the debt, while it was yet in full life and force. It is very true, as said in evidence, that a bill is ununt quid, and good or not for the entire sum against all the obligants; but this is true, so long only as it is in force and subsisting as a bill. But it ceases to have this character as soon as the six years are out. It is then in the ordinary condition of a divisible obligation, and separable into parts whereof one may be saved, and another extinguished, by prescription. It was held by the Court, to be fixed in the case of Douglas, Heron and Co. v. Grant's Trustees, 19th November 1793, that the six years run only from the last day of grace. It was also held that, as the statute annihilates the bill, so the writ of any debtor binds-him1 1 any co-obligant. Lord Glenlee said, at the last advising, " If this ac 0 be viewed as given before expiry of the six years, it was of no use; and 1 be held as not given till after them. For Allan, Maxwell Morison. For Ormiston, Thomas Tod. N.B Judgment went on the same principle, 31st May 1822, in the case of Houston v. Yule, where, after the six years, one of three acceptors had, with his own hand, marked a payment of interest on the bill, and had written a letter to the creditor, in which he acknowledged that no part of the bill was paid, and craving indulgence, and promising to settle by a new bill with securities. Lord Glenlee...show more

Product details

  • Paperback | 652 pages
  • 189 x 246 x 33mm | 1,148g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236626036
  • 9781236626035