Pursuer 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.

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

Locations

Repository & Extent