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Scottish Court of Session Decisions >>
Bailie Alexander Brand v Warden and Buchanan. [1698] Mor 14664 (26 January 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor3314664-041.html Cite as:
[1698] Mor 14664
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. IX.
Socii liable in solidum or pro rata. - Partner of a Company paying the Debts. - Whether Partners are bound to contribute beyond their Stock.
Bailie Alexander Brand v. Warden and Buchanan
Date: 26 January 1698 Case No. No. 41.
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Warden and Buchanan having employed one to go to Orkney to buy some bear, and their factor having entered into a contract with Bailie Brand, then Steward of Orkney, and having bound his constituents; when they are charged, they suspend, that they can only be liable pro rata, because there is a clause of relief. Answered, Your exercitor or institor was fully by his commission empowered to make bargains, and bind his constituents for the same; and ex natura societatis they are all liable in solidum, and the Lords now found them to be so, and not singly pro parte virili.
Fol. Dic. v. 2. p. 380. Fountainhall, v. 1. p. 815.
