Janet Young v. The Representatives of Charles Fall
Date: 9 July 1746 Case No. No 31.
A merchant having advised the manner of remitting a small sum, designed for the subsistence of in indigent woman by her son, it was found he could not arrest it on any debt due by her to himself.
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Richard Inglis, mariner, wrote from London to Janet Young, his mother, at Dunbar, that he intended to remit to her six guineas, if he knew of a proper method to do it; and she having thereupon advised with Charles Fall, merchant in Dunbar, Inglis, upon that advice, paid the money to Claud Johnston, Mr Fall's correspondent, either upon his draught on Mr Fall, payable to Janet Young, or upon a receipt.
Janet Young coming to demand the money, was told that she was debtor to Mr Fall and Company for house rents by decreet, which behoved to compense her claim.
Some objections were made to the decreet, but the point on which the Lords determined the cause was, that Mr Fall having advised the remitting the money this way, which was acknowledged by a petition in process, and which money was intended by the son for his mother's support, he was in mala fide to oppone the compensation.
The Lords repelled the defence.
Reporter, Drummore.Act. H. HomeAlt. Hay.Clerk, Gibson.
D. Falconer, v. 1. No 129. p. 155.
