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.
William Graham v. Sir William Sharp
Date: 30 July 1708
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Sir William Sharp being debtor in £400 sterling to James Foulis, factor in London, he empowers George Clerk to transact the debt; who makes a transaction with Sir William, and takes a right from him to an adjudication on the estate of Down, and gives Sir William a backbond, that, how soon he receives payment, by virtue of that adjudication, he should thereafter discharge Sir William's whole debt. William Graham, merchant in London, having purchased right to this debt from James Foulis; he charges Sir William on the first original bond; who suspends, on the transaction he had made with Clerk, factor for James Foulis; and craves the benefit of restriction.
Answered,—Clerk had no power to give away his constituent's money; and the security was not in satisfaction, but only in corroboration.
The Lords sustained the backbond, and restricted the sum; and found Sir William Sharp no further liable.
Upon this interlocutor, William Graham gave in a protestation for remeid of law to the British Parliament.
