[1738] 2 Elchies 182
Subject_1 FACTOR.
Date: Pringle and Porteous
v.
Mr David Kennedy
16 June 1738
Case No.No. 5.
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The Lords found, that a writer about the Court having accepted a factory from a foreigner to pursue a process here, though nothing blameable upon the said factor's part appeared in the management of the process; yet by becoming pursuer for a foreigner, he had subjected himself to such expenses as might be modified in case the process at his employer's instance should be found to be vexatious; seeing otherwise any decreet for expenses against his employer must probably have had no effect.
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