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Scottish Court of Session Decisions >>
Nimmo v Thomas Murray and his Curators. [1667] 2 Brn 431 (20 June 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Brn020431-0721.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Nimmo v. Thomas Murray and his Curators
Date: 20 June 1667
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One Nimmo having lent to Thomas Murray and his curators 1000 merks, which bond was subscribed by the minor and his curators; Nimmo charging them to pay, he suspends on this reason, that the bond cannot tie him by a payment, because he being minor, he must prove that it was in rem ejus versum, otherwise the granting of the bond by him and his curators is null, as granted by him in his minority to his lesion.
Answer,—The bond was good, because minors, with consent of their curators, subscribing bonds, they are effectual in law; and that it was not proper for the creditor either to allege or to prove it was in rem minoris versum, seeing no credit would be given to minors, nor no traffic could be held with them hereafter.
The Lords found the creditor behoved to say the sum lent was in rem versum, otherwise that they would suspend the letters simpliciter, notwithstanding the bond was signed by the minor and his curators.
Many of the Lords were of another mind; especially my Lord Advocate.
