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A factor must either do diligence, or acquaint his constituent with his not doing diligence, and with his reasons: And where he did give such notice, and his constituent gave no orders for diligence, but left it to the discretion of the factor, it was found the factor could not be reached as negligent, merely because the debtors proved in the event insolvent.
Fol. Dic. v. 3. p. 182. Kilkerran, (Factor.) No 4. p. 183.