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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ritchie v Paterson. [1630] 1 Brn 308 (30 July 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Ritchie
v.
Paterson
1629 .July 30 ;and1630 ,February 23 .Click here to view a pdf copy of this documet : PDF Copy
A cautioner for a common factor, that he shall discharge his duty, cannot be pursued for the factor's debt, at the instance of a merchant that employed him, till first the factor himself be discussed, viz. count and reckoning be made with him, and he found not solvendo, as is used in cautioners for executors, messengers, tutors, and curators.—30th July 1629.
In the same action, it was found that the factor's cautioner cannot be pursued for annualrent, but for the principal allenarly.—23d February 1630. Page 25.
The electronic version of the text was provided by the Scottish Council of Law Reporting