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A bond of L. 5000 granted for the balance of an agents’ accounts, and also a bond of provision to the agent for life, being challenged by reduction at the instance of the granter's heirs, upon this footing, That the accounts were false and extravagant, many gross articles being stated never given out, it was answered, That these accounts being ratified and approved of by the defunct, cannot now be challenged by his heir, seeing facility is not alleged. —Replied, Subscribing or corroborating of accounts bars all challenge with respect to articles presumed to fall within the obligant's knowledge, but can signify nothing with respect to articles alleged advanced or given out by the agent, and acquiesced in upon his sole faith; for if these afterwards be redargued and found false, the bond of corroboration, which evidently goes upon the supposition that the accounts were just and true, will never support such articles; and if the pursuer prevail in the proof, the consequence must be not only to restrict the bond to the just balance, but also to void the bond of provision in toto, which goes upon the narrative of good and faithful service. ——The Lords, before answer, allowed both parties a proof with regard to the verity and reasonableness of the accounts. See Appendix.
