Scottish Court of Session Decisions

In this case, as mentioned ante, XII. 598 (which see), the trustees, of whom Adamson was the acting party, were found entitled to have the expenses incurred by them charged against the trust-estate. Among the accounts given in was one for about £30, for business done by Adamson himself, chiefly in preparing a memorial for counsel, and in correspondence with reference to an appeal taken to the House of Lords. To this being allowed, it was objected by the pursuers, that, though formerly an agent, Adamson had ceased to practise, and had no license when the business in question was performed. In answer, Adamson pleaded, that the business charged was truly in his own cause, which required no attorney's license; that it was not business before a Court, for which alone such license was necessary; and that, at all events, as negotiorum gestor, acting for behoof of the trust, he was entitled to a compensation for his trouble.

The Lord Ordinary remitted to the auditor, “to allow or reject the other articles relative to the appeal, according as it shall turn out that there was or was not an agent then employed by the trustees corresponding regarding said appeal, and making the same or similar charges against the trust-estate.”

Mrs. Darling reclaimed, but