Scottish Court of Session Decisions

Subject_1 REPARATION.
Subject_2 SECT. VII.

Wrongous Imprisonment. - Deforcement. - Oppression and Damages.

Anderson
v.
Ormiston and Lorrain

Date: 3 January 1750
Case No. No 38.

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A creditor who had given orders to his agent at a distance, to do diligence for recovery of his debt, the agent having made application to the Sheriff, setting forth, that he was credibly informed the debtor was embezzling his goods and preparing to fly the country, who thereupon, without farther inquiry, granted warrant to sequestrate and roup the goods; both the creditor and his agent were found liable to the debtor in damages and expenses, although it was urged for the creditor, that he trusted to his agent taking no steps but what were legal; and for the agent, that he had done nothing but auctore Prætore.

Fol. Dic. v. 4. p. 226. Kilkerran.

*** This case is No 33. p. 13949.