Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

John Smith
v.
- Short

Date: 3 July 1628

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In an action pursued by one John Smith, who had arrested certain goods and gear, viz. salt and trees, in Dunbar, pertaining to John Davie, burgess of Edinburgh, to have the said arrested goods forthcoming,—compears Short for his interest, and alleges, He was made assignee to the said arrested goods long before the arrestment by the said John Davie's wife, who had a factory of him, to crave in his debts, and pursue for them, and give discharges, and generally to do all his other necessary affairs, as he were present himself; by the which she had power to make the said assignation. The maker of the arrestment alleges, That the factory could not be extended by the general clause, farther nor the particulars expressed bear. The obtainer of the assignation alleged, In respect he was a lawful creditor, which he took in hand to prove, she might, by the factory, either have made him payment of his just debt, or assigned him to such goods and gear for payment thereof. Which the Lords sustained, for so much just debt as the assignee could prove was truly addebted to him.

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