1784
Three men granted a bill to Stephen Howison, the late father of pursuer Isobel Howison. Additionally, John Howison of Hyndford, defender, wrote Stephen a letter promising that the bill would be paid. Later, Isobel sued John for payment. In response, John argued that the action was barred by a six-year limitation on bills and a seven-year limitation on liability for cautioners.
Documents in this case (1)
- Isobel Howison and Thomas Bell v. John Howison — Petition, 12 Nov 1784November 12, 1784 Memorial of John Howison, arguing that as a cautioner under statute 1695, cap. 5, his obligation is extinguished by the lapse of seven years.
People & places in this case
People involved
- Isobel Howison — Pursuer
- Thomas Bell, of Westerhouse — Pursuer
- John Howison, of Hyndford — Defender
- B.W. Macleod — Advocate for Defender
- James Burnett, Lord Monboddo — Lord Ordinary
- James Young — Named in case documents
- John Young — Named in case documents
- William Young — Named in case documents
- Stephen Howison — Named in case documents
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 11030
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 959