Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Alexander Young, Merchant, v. Suttie and Hepburn, his Curator
Date: 28 December 1692
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Alexander Young, merchant, against Suttie, and Robert Hepburn, his curator. The Lords found Young had done enough, by intimating the plea to Suttie, the co-cautioner's heir, and that he was not in culpa in not extracting and taking out the commission, seeing it was clogged with Young's finding caution, which he was not able to do. Suttie's curator should have engaged with him, to have promoted the commission, he being as much concerned in it as Young; though it was alleged that he was not bound to be cautioner for him, and that Young should have applied to the Lords by a bill, either to have been free of the caution, or to have made the co-cautioner concur with him. But the Lords reserved action of repetition, as accords, against Bain, who had obtained the decreet against Young, that, if they yet instruct he had received payment, by bills on the factor, of the sums he took decreet for, his heir should refund pro tanto. Only he will obtrude his decreet in foro, on a circumduction for not proving the said partial payments by the factor's compt-book.
