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Ainslie and Factor v Arbuthnot. [1739] Mor 4065 (6 June 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor1004065-019.html Cite as:
[1739] Mor 4065
Rules of accounting. - Right to salary. - Malversation.
Ainslie and Factor v. Arbuthnot
Date: 6 June 1739 Case No. No 19.
A factor taking bills in his own name from his constituent's debtor, the loss falls upon the factor.
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Found that a factor having taken bills in his own name from his constituent's debtor, without any notice given to his constituent or any posting by the factor in his books, whereby it might appear that the said bills were in his name for his constituent's behoof, the loss happening by the after bankruptcy of said debtor, falls upon the factor and not upon the constituent.
This was afterwards altered, July 13. 1739, not upon the general point, but upon the species facti; it being thought to appear from a book called a bill-book, that there was evidence of such posting as the former interlocutor had supposed necessary; but this last judgment was reversed upon an appeal, the House of Peers having no regard to a bill-book as not nomen juris.
Fol. Dic. v. 3. p. 202. Kilkerran, (Factor.) No 2. p. 182.
