You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Anna Crawfurd and Her Husband v Newal. [1739] Mor 4066 (30 November 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor1004066-020.html Cite as:
[1739] Mor 4066
Rules of accounting. - Right to salary. - Malversation.
Anna Crawfurd and Her Husband v. Newal
Date: 30 November 1739 Case No. No 20.
A factor taking bond in his own name for his constituent's money, the jus exigendi remains with the factor's heir.
Click here to view a pdf copy of this documet : PDF Copy
Where a factor takes a bond in his own name for his constituent's money, the jus exigendi continues with his heir; for, should it accresce ipso jure, the factor would be excluded from claiming deduction on account of expense, which yet is certainly competent to him.
Wherefore, a factor having taken bond in his own name, for his constituent's money, in a process at the instance of the heir of the factor against the heir of the debtor, though the Court was of opinion, that the constituent appearing might be preferred, allowing the factor's expense, yet they ‘Repelled the objection proponed by the debtor to the pursuer's title, and found that the pursuer had the jus exigendi, reserving all defences competent against the constituent.’
Fol. Dic. v. 3. p. 202. Kilkerran, (Factor.) No 3. p. 182.
