Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 TUTORS AND CURATORS.

Mathie
v.
Watson

Date: 20 November 1776

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As to insolvencies occurring after the office is at an end, it would seem that tutors and curators are not liable for these in any event whatever. In a case, Mathie against Watson, where this point was disputed, the Lord Auchinleck, Ordinary, 16th January 1776, found, “That, as the debtor was solvent at the expiration of the curatory, and continued to be so for above six years after, therefore the children had themselves to blame for not recovering payment from the debtor, and that the curators were not answerable.” On a reclaiming bill, the Lords, 6th March 1776, altered this interlocutor; but, on another reclaiming bill, — July 1776, they altered back again, and found the curators not liable. What induced the Court to pronounce the second interlocutor, finding the curators liable, seemed to be, that, in this case, the management of the curators had been very remiss,—no inventories made up; that the debts pleaded on were due by open account, which ought at least to have been constituted; and that, when action was brought by the children against the debtor, the other curators joined in defending him, and thereby protracted the time until at last he failed in his circumstances. But these things being better explained, the Lords pronounced the last interlocutor, finding the curators not liable. And Lord President observed, that, even as to minors, the decision was a safe one; otherways, by drawing the rein too short round the neck of curators, no persons might be found hardy enough to accept of the office.

20th November 1776, refused a reclaiming petition without answers.