Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
David French, &c Creditors of Edmonston Of Carden, v. Archibald Robertson, Factor of Carden
Date: 31 December 1701
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David French, and other Creditors of Edmonston of Carden, against Archibald Robertson, factor thereof. They craved he might be liable in annualrent, within a year after the rents fell due, which was allowed for ingetting of them, conform to the Act of Sederunt in July 1690.
Answered,—He was ignorant of that Act, it never being intimated to him; and the Act itself has never been in observance, and was only calculated where there were great balances in factors' hands, and not for small rests; and which he could not lend out upon annualrent, because he knew not how soon creditors might get precepts and warrants upon him; and so he behoved to keep it to answer their payments.
Replied,—The Act cannot be in desuetude in so short a time; neither has it ever been proponed upon and repelled; and the Act is most just, that they should not lucravi to the damage of the Creditors; and the Act non distinguit whether the balance be great or small.
The Lords found the Factor liable in annualrent, in terms of the Act of Sederunt; and so confirmed it by a decision.
