A bond granted by a minor for necessaries, without her father's consent, was sustained.
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George Stuart having furnished some money to Christian Stuart, daughter to John Stuart of Coldinghame, and having received her bond thereupon, and registrate the same, arrests in the hands of Hume of Rentoun, the money adebted by him to the said Christian, to be made forthcoming for payment of the said debt, and pursues therefor; wherein the said Christian compears, and alleges the said bond to be null, because it was made by her, she then being in familia paterna, and the same is not authorised with his consent, who is her curator in law. And it being replied, that seeing she is now past annos utiles, and had never quarrelled this bond by action of reduction, or restitution, that the exception ought not to be respected, especially seeing this bond was granted by her, when her father was not within the country. The Lords found, that before they would decide this question, that the party ought to qualify for what cause the bond was given, for if it was granted for necessary furnishing, and at the time when the father was not in the country, it were no reason that the party in such a case should be deprived of his just debt, and therefore superceded to discuss the allegance, while the pursuer should condescend upon the cause of the debt, that the Lords might consider thereof.
