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A bond of borrowed money being taken payable to a tutor for his pupil's behoof, and after the years of pupillarity, the minor having charged for the same with concourse of his quondam tutor, the debtor suspended upon this reason, That the minor not having chosen curators, there was none authorised to give him a valid discharge, and cited the authority of L. 7. § 2. D. De Minoribus. ‘Si minor convenat debitorem, adhibere debet curatores, ut iis solvatur pecunia, alias non compellitur solvere.’ The Lords found, the money being payable to the quondam tutor, that the interposition of his authority was sufficient warrant for the debtor to pay.
Fol. Dic. v. 1. p. 578. Fount.
*** This case is No 12. p. 3356, voce Debtor and Creditor.
