Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. IX.
Socii liable in solidum or pro rata. - Partner of a Company paying the Debts. - Whether Partners are bound to contribute beyond their Stock.
M'Leod v. Young
Date: 18 December 1665 Case No. No. 39.
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Harry Hope, Walter Young, and John Govan, merchant in Edinburgh, by their bill of credit given to Peter Clark, and —— Donaldson, for getting some cows for their use, directed to the Lord Macdonald, or any other, bound and obliged themselves to pay and answer such bills as the said Clark and Donaldson should prove upon them; and the price of the said cows being arrested in their hands, they suspended upon multiplepoinding, that they could not be liable for the sum of £.80 Sterlings drawn upon them conjunctly and severally, but only for their several parts. The Lords found the merchants were all and every one of them liable in solidum, and that there was a society of the cows among them; and therefore found that Young and Govan should bear Harry Hope's part, who was lapsus bonis.
Fol. Dic. v. 2. p. 380. Newbyth MS. p. 47.*** Dirleton reports this case:
1665. December 19.—Walter Young, Harry Hope, and John Govan, having written to the Lord Macdonald, that they had commissioned —— Donaldson to buy cows for their use, and that for such as should be bought from him, they obliged themselves to pay all such bills as should be drawn upon them; and the said Donaldson having drawn a bill upon the said persons, and any of them; — found, that in respect they were partners, and socii as to the bargain, and the Lord Macdonald had upon their letter trusted and sold the cows to the said Donaldson, they ought to be liable in solidum conjunctly and severally.
Dirleton, No. 8. p. 5.
*** Stair's report of this case is No. 36. p. 2282.
