You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Pringle v Kennedy. [1738] Mor 4643 (16 June 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor1104643-004.html Cite as:
[1738] Mor 4643
What Caution exigible from Foreigners in law suits. - How far their Attornies liable for them.
Pringle v. Kennedy
Date: 16 June 1738 Case No. No 4.
Click here to view a pdf copy of this documet : PDF Copy
One constituted factor by a foreigner for levying debts due to the foreigner here, having insisted in name of his constituent for payment of a debt which, during the course of the process, was proved to have been already paid to the foreigner himself; the Lords found the factor liable in expenses; though it was urged as quite unprecedented, that agents or factors, whether for natives or foreigners, should be found liable for expenses occasioned by their constituent's fault; that the proper remedy when a foreigner gives mandate to pursue, is to insist for caution, in initio litis; and where that is omitted, the defender has himself to blame. See Appendix.
Fol. Dic. v. 1. p. 324.
*** In the same manner was decided the case of Horn against Robertson, 1739, July 25. See also Appendix.
