Scottish Court of Session Decisions

Subject_1 DISCUSSION.
Subject_2 DIVISION II.

Discussion of Principal Debtors and Cautioners.
Subject_3 SECT. I.

Cautioners for Factors, Collectors, Executors, Suspenders.

Ritchie
v.
Paterson

Date: 23 February 1630
Case No. No 33.

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Factors, who at their admission by the Convention of Burghs find caution to make count, reckoning, and payment to all merchants that employ them, their cautioners cannot be pursued for their deeds till first the factor himself be discust, which may be done either before the conservator, if he be a factor in Flanders, or yet before the Lords of Session; and a declaring of their debts is a sufficient discussing of the factor.

Fol. Dic. v. 1. p. 248. Auchinleck, MS. p. 79.