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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Connolly and Others v. The Bent Colliery Co., Ltd [1897] ScotLR 34_867 (20 July 1897)
URL: http://www.bailii.org/scot/cases/ScotCS/1897/34SLR0867.html
Cite as: [1897] SLR 34_867, [1897] ScotLR 34_867
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SCOTTISH_SLR_Court_of_Session
Page: 867↓
Court of Session Inner House Second Division.
[Sheriff Court of Lanarkshire at Glasgow.
v.
Facts:
Where a claim is exigible by pupils who have no tutors, their debtor is entitled to have a factor loco tutoris appointed to discharge the claim.
In an action of damages which was appealed for jury trial, in which all the pursuers were in pupilarity, and orphans, and which was settled extrajudicially, the pursuers lodged a note craving the Court to ordain the defenders to make payment of the sum agreed to be paid in settlement of their claims to such person in Glasgow as the Court might appoint to receive the same, and to authorise such person to grant a discharge therefor to the defenders.
The defenders objected, on the ground that the course proposed was incompetent, and that the proper course was for the pursuers to obtain the appointment in the Sheriff Court of a factor loco tutoris— Anderson, 11 R. 870; Pratt, 17 D. 1006.
The Court refused the prayer of the note, on the ground that the defenders being entitled to an effectual discharge, a factor loco tutoris was the proper party to grant the discharge— Observed, per Lord Young, that the appointment craved in the note virtually entailed the creation of a trust.
Counsel for Pursuer— A. S. D. Thomson. Agent— George Inglis Low, S.S.C.
Counsel for Defenders— Salvesen. Agent— W. G. L. Winchester, W.S.