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Agnes Brown and her Husband, v Gairns, Bailie of Burntisland. [1682] Mor 13986 (27 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor3213986-074.html Cite as:
[1682] Mor 13986
Whether one is liable for the malversation of those under his authority? - Complaint raised in name of another without his authority.
Agnes Brown and her Husband, v. Gairns, Bailie of Burntisland
Date: 27 January 1682 Case No. No 74.
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The Lord M'Donald's horses being arrested in a stable in Bruntisland, when the master of the stable was abroad, and a copy of the arrestment left with his wife, and the horses being taken away before he came home, by some of M'Donald's servants; the stabler was found liable to make the horses or value forthcoming to the arrester, albeit they were taken away before he came home, or knew of the arrestment, unless he could prove they were taken away vi majori, or stolen out of the stable without any neglect of his wife or servants, for whose fault or negligence the master of the stable is liable; although it was not alleged, that the wife consented to the taking the horses away.
Fol. Dic. v. 2. p. 344. Harcarse, (Arrestment.) No 76. p. 14.
