Right Of Discussion

Scottish Law: Right of Discussion in the Past

The right which the cautioner (surety) has to insist that the creditor must do his best to compel the performance of the contract by the main debtor, before he must be called upon. 1 Bell’s Com. 347, 5th ed. Vide 8 Sergeant & Rawle’s Pennsylvania Reports (Reports of Cases adjudged in the Supreme Court (see decisions, judges, etc) of Pennsylvania, by Thomas Sergeant and William Rawle), 116; 15 Sergeant & Rawle’s Pennsylvania Reports (Reports of Cases adjudged in the Supreme Court (see decisions, judges, etc) of Pennsylvania, by Thomas Sergeant and William Rawle), 29, 30 and the articles Surety. Suretyship. [1][rtbs name=”scottish-law”]

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Notes and References

1. Partialy, this information about right of discussion is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including right of discussion.

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