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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Ross v Marion Williamson. [1670] 1 Brn 607 (1 February 1670) URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn010607-1526.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Captain Ross
v.
Marion Williamson
1 February 1670 Click here to view a pdf copy of this documet : PDF Copy
In an action of warrandice, pursued at Ross's instance, who was assignee, made by the said Marion, to a bond of Colonel Home's; wherein she was obliged to warrant the assignation to be good, valid, and sufficient, at all hands, and against all deadly: whereupon he [maintained] that he had done utmost diligence against the Colonel, but could not recover payment; and therefore craved, that the said Marion might refund the sums given her for the assignation: It was alleged, That, by the common law, it was clear that such clauses of warrandice did only import that the debt assigned was a true debt, and the assignation gave a full right thereto; but did not extend to the sufficiency of the debtor.
The Lords, finding that these clauses were generally understood otherwise by our law, did ordain the cause to be heard in præsentia.
Page 99.
The electronic version of the text was provided by the Scottish Council of Law Reporting
