Two co-obligants in a bond and who who had paid the debt sought damages against the creditor who had refused an assignation. They alleged a breach of a duty grant the assignation sought.
Held: the court found for the creditor. The majority thought the demand for an assignation ‘rested only upon equitable considerations’. The minority thought a creditor was obliged to grant an assignation de jure.
1771 M 3385
Scotland
Updated: 20 August 2021; Ref: scu.244791