Scottish Court of Session Decisions

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

- and Andrew Henderson
v.
David Murray

Date: 15 November 1628

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David Murray, merchant in Edinburgh, at the desire of ————, his kinswoman, after her decease intromitted with some of her clothes and household gear, and made the sum of 300 merks thereof, which he lent out, in his own name, to the behoof of the young lass, daughter of the defunct, in the hands of Archibald Adie, bailie of Edinburgh, who afterwards became bankrupt. The lass pursues David Murray, and chooses Andrew Henderson her curator ad litem. The defender alleges that he dealt faithfully in the minor's business, and he ought not to refund that gear which Archibald Adie had received; it was sufficient for him to make the minor assignee to Archibald Adie's bond. The Lords assoilyied the defender; and yet moved him to give his bond to the said minor, for a hundred pounds, at her perfect age, and the annualrent thereof in the meantime.

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