YOUNGSON v HUME (Court of Session)

Hume, the suspender, became cautioner, along with Captain William Balfour and William Houy, for George Houy, in a cash-account with the branch of the Bank of Scotland at St Andrews for L.600. The bond was in the usual form of such bonds of credit, taking all the four obligants bound, conjunctly and severally, to the bank, for a cash-account to be kept in the name of George Houy.

None of these arrangements after the 28th March were intimated to the other cautioners, Mr Hume, the suspender, or William Houy.

Some time after the last mentioned arrangement, Houy absconded and fled the country, under strong suspicions of having committed extensive forgeries on Mr Bruce and others.

When the last mentioned bill was shewn to Mr Bruce, he asserted that his acceptance was a forgery; and no attempt was made by the holder to bring an action against him upon it as a genuine document.

Mr Youngson, after Houy's elopement, in order to operate his constituent's relief against Hume, the only solvent co-cautioner, took an assignation to the bond from the bank, and gave Hume a charge upon it.