Scottish Court of Session Decisions

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

Thomas Murehead
v.
William Lawson

Date: 8 February 1637

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Thomas Murehead, factor for a merchant in Midleburgh, pursues William Lawson, merchant in Glasgow, for payment of a certain sum addebted by the said William to one Abraham Sawyer, whereunto the merchant in Midleburgh is made assignee. It was alleged, No process could pass at the father's instance; because, albeit he be factor to the merchant in Midleburgh to pursue other creditors, yet he produces no power from the said merchant to pursue this debt. To the which it is answered, Ought to be repelled in respect of the summons, which is pursued not only by the factor, but at the instance of the party himself constituent; and the factor offered caution to warrant the defender at all hands. Whereunto it was answered, That the factor could not pursue for a stranger without a power, neither could the factor compear for a stranger without a mandate. The Lords sustained the pursuit at the factor's instance: he finding caution; before sentence, to report a sufficient procuratory from the party.

2d MS. Page 83.