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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Brown of Carsluth v John Irvine. [1684] 2 Brn 62 (00 March 1684) URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn020062-0164.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Robert Brown of Carsluth
v.
John Irvine
1684 .March .Click here to view a pdf copy of this documet : PDF Copy
One being pursued upon his bond assigned, alleged, That the cedent, by a note under his hand, was liable to perform some obligements to the defender. Answered, The said note cannot be considered as a back-bond, but as a distinct separate obligement, seeing it is not of the same date with the defender's bond, nor contains any clause relative thereto. Replied, That it is offered to be proven, by the pursuer's oath, that he knew the said note was granted upon occasion of the said bond. Duplied, Non reievat, unless it were likewise proven that the note was designed to qualify the bond; it being consistent that a distinct obligement might have been granted upon occasion of the bond. This point was not determined.
Page 44, No. 197.
The electronic version of the text was provided by the Scottish Council of Law Reporting