Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. III.

What a Minor can do without Consent of Curators.

Corser
v.
Deans

Date: 24 February 1672
Case No. No 60.

Found in conformity with M'Adam against Lag, No 49. p. 8938.

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Barbara Corser as executrix to her husband, pursues George Deans notary for payment of bond of 137 pounds granted to the defunct, who alleged absolvitor, because the bond is null, being granted by him when a minor, and his father on life, without his consent, who as lawful administrator was curator to him, which was found in the case of Mackenzie against Fairholm, No 72. p. 8959. It was answered, that the defender was not then in familia paterna, but was a notary and messenger acting for himself several years, 2do, The bond bears, that the sum was advanced for making him notary and messenger, which being so profitably employed, he is liable as lucratus thereby, which is effectual against any minor. It was replied, that the father remains as curator, whether his son continue in his family or not, in the same way as other minors, though not in the family of their curators, yet cannot act without their consent; neithes does a minor's skill as notary or messenger take away the hazard of his levity in managing affairs; neither can the minor's assertion in the bond prove that the money was employed to make him notary or messenger; for eadem facilitate, that minors may be induced to borrow money unprofitably, they may be induced to declare what is not truth; and though this bond were null, the pursuer may pursue for any thing profitably employed for the minor, but not on this bond.

The Lords sustained the allegeance to validate the bond, that the sum was employed to make the defender notary and messenger, but found that it was, not proven by the acknowledgment of the bond, but that it might be proven prout de jure. See Proof.

Fol. Dic. v. 1. p. 576. Stair, v. 2. p. 78.