A factor's commission was recalled. Goods were sent to him a few days after. His cautioner was not liable, altho' no intimation had been made, that the factory had been recalled.
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The cautioner for one Suttie, a factor in Flanders, being pursued for goods sent to him from Eymouth, seven days after he was deposed by the convention of boroughs at Glasgow;
Alleged for the defender; That he was free from the very time the factor was discharged from his office.
Answered; The lieges were in bona fide to correspond with the factor, till his discharge was intimated; and the goods pursued were shipped before the commissioners return from the convention.
Replied; That as he was named a factor without public intimation, there was no necessity to intimate his deposition; at least the cautioner is not to be burdened with the intimation.
The Lords assoilzied the cautioner. This is hard.
Fol. Dic. v. 1. p. 104. Harcarse, (Cautioner.) No 238. p. 57.
