1777–1778
CautionerPursuer Robert Carrick was cautioner on a bond granted by Robert Robb to John Carse, William Stirling, and George Bogle. After Robb became bankrupt, Carse demanded payment from Carrick, who complied. The next day, however, Carrick requested a refund on the grounds that he had mistakenly repaid the bond. He argued that his duty to pay was extinguished by a statute that limited the obligation of cautioners to seven years. Carse refused to provide a refund, and Carrick sued. In his defense, Carse argued that although Carrick’s legal obligation had ended, Carrick still had an equitable obligation to pay. Carse further argued that there was no excuse at law for Carrick’s erroneous payment.
Documents in this case (1)
- Robert Carrick v. John Carse — Petition, 24 Jul 1777July 24, 1777 Petition of John Carfe, William Stirling and George Bogle, merchants in Glasgow, asking the Court to alter the interlocutor that found them liable for repayment of L. 102, 18 s. Sterling
People & places in this case
People involved
- Robert Carrick, of Braco — Pursuer
- John Carse — Defender
- William Stirling — Defender
- George Bogle — Defender
- Adam Rolland, of Gask — Advocate for Defender
- Robert MacQueen, Lord Braxfield — Lord Ordinary
Places
- Glasgow (principal)
Where this case took place
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 2931
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 783