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Mr Ruthven, when he went abroad, having granted a factory with consent of his curators, to Hugh Wallace, and obliged him to count to a quorum of the curators; and he having accordingly counted to them for some years, and being pursued by Mr. Ruthven's sisters, craved to be assoilzied for the years he had counted.
Answered: A factor to a curator is in effect in the case of a curator; and although the counting may give him the benefit of his having the curators primo loco discussed, yet the factor must be liable in subsidium to the minor's representatives, although he hath given up his instructions to the curators.
The Lords sustained the reply, and ordained the factor to depone, and produce what instructions he had in his hands.
