[1732] Mor 9035
Subject_1 MINOR.
Subject_2 SECT. X. No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored?
Date: Craig
v.
Grant
5 July 1732
Case No.No. 169.
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A bill being challenged as granted in minority, the Lords found it relevant to sustain the bill, that the acceptor was bred a wright, and was trading at the time of accepting it. For drawing and accepting of bills of exchange is of itself a branch of trade. The money must be presumed advanced in artis suæ vel mercaturæ exercitio. If this presumption be not sustained, a minor merchant cannot deal otherwise than by ready money, which, in effect, is saying, a minor cannot be a merchant. See Appendix.
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