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Scottish Court of Session Decisions >>
Cunningham v Cunningham. [1622] Mor 12453 (16 March 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor2912453-289.html Cite as:
[1622] Mor 12453
The nullity of a discharge, as being subscribed by but one witness, found not supplable by the creditor's oath in prejudice of his onerous assignee.
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Mr John Cunningham of Findick being charged to pay, as cautioner for Glengenock, 600 merks to Cunningham of Crawfield, assignee to Alexander Cunningham, suspended upon payment made to the cedent, and for proving his reason produced a discharge granted by Alexander Cunningham to him of the said sum. The discharge was impugned as subscribed only by one notary. It was answered, That he referred the verity of the command given to the notary to the cedent's oath. It was replied, It could not prejudge the assignee by his declaration. The Lords, before interlocutor, declared they would receive the cedent's and assignee's oath, and examine the witnesses.
