Scottish Court of Session Decisions

Subject_1 DISCUSSION.
Subject_2 DIVISION II.

Discussion of Principal Debtors and Cautioners.
Subject_3 SECT. II.

Cautioners who have not the benefit of Discussion.

Dickie
v.
Thomson and Lang

1743. December.
Case No. No 42.

Cautioner in loosing an arrestment, has not the benefit of dicussion.

Click here to view a pdf copy of this documet : PDF Copy

Pleaded for a cautioner in the loosing of an arrestment, that cautioners by our law, as well as the Roman, have the benefit of discussion; and that a cautioner, in loosing an arrestment, is entitled to that privilege, by the very conception of his bond; for he only becomes bound for the common debtor, that his goods arrested shall be made furthcoming.—Answered, Caution in loosing an arrestment comes in place of the arrestment; and therefore the cautioner must be liable in the same manner as the arrestee would be, upon a decree of furthcoming recovered against him.——The Lords found, That the cautioner in loosing an arrestment had not the benefit of discussion.

Fol. Dic. v. 3. p. 184. Rem. Dec.

*** See This case, No 35. p. 2110.