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Scottish Court of Session Decisions >>
Craig v Grant. [1732] Mor 9035 (5 July 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor2209035-169.html Cite as:
[1732] Mor 9035
No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored?
Craig v. Grant
Date: 5 July 1732 Case No. No. 169.
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A bill being challenged as granted in minority, the Lords found it relevant to sustain the bill, that the acceptor was bred a wright, and was trading at the time of accepting it. For drawing and accepting of bills of exchange is of itself a branch of trade. The money must be presumed advanced in artis suæ vel mercaturæ exercitio. If this presumption be not sustained, a minor merchant cannot deal otherwise than by ready money, which, in effect, is saying, a minor cannot be a merchant. See Appendix.
