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Scottish Court of Session Decisions >>
David Coilziar v Calender. [1677] 3 Brn 130 (8 February 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030130-0148.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
David Coilziar v. Calender
Date: 8 February 1677
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One Calender being cautioner in bond for 100 merks to David Coilziar, and being charged, Suspends,—That he is liberated, because David having lent the principal more money since, he hath taken a bond for all, and so innovated the security, and past from him. Answered,—No novation is presumed in law unless it be expressed: that this was not accepted in satisfaction, but was only a collateral and corroborative security. See fully in the Information.
The Lords found, upon Newton's report to them, it was not a novation or liberation of the cautioner; and therefore found the letters orderly proceeded.
