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Scottish Court of Session Decisions >>
Watson v Matthewson. &c. [1623] Mor 3501 (6 February 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0903501-037.html Cite as:
[1623] Mor 3501
A tutor was not found liable to pay a debt due to his pupil, by a bankrupt, tho' he had no diligence against the debtor, unless it were alleged that the money might have been recovered by diligence.
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In a tutor count and betwixt Watson and Mathewson, Lang, John Callender in Leith, and others, the Lords found, That a tutor was not obliged to pursue unresponsal debtors, unless the minor could say that they were repute responsal. That the tutor could not buy the quarter of ane minor's ship better cheap, nor he had bought ane other quarter according to the price given up in testament by himself; and that a tutor might compense a part of the minor's stock and annuals thereof, with the expenses for his entertainment for years after the tutory expired.
