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One as factor for an Englishman, pursues another upon a double bond of L. 12 Sterling in the English form. The debtor offers to improve it as false, and craves the pursuer may abide at it. He declines as being only factor, and not concerned farther to abide at it than that it was truly delivered to him: “The Lords found the factor either obliged to abide at it simply, seeing he made use of it, or else to produce his constituent to abide by it. And because English bonds do not design the witnesses, ordained the factor to condescend on the witnesses' designations, till which were done, they would not burden the improver to consign.” See Stewart against Riddoch, No 180. p. 6758.
Fol. Dic. v. 1. p. 457. Fountainhall, v. 1. p. 241.
