BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Peter Rogers and Devreon v Bailie Baird of Sauchtonhall. [1681] Mor 9029 (00 December 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2209029-160.html Cite as:
[1681] Mor 9029
No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored?
Peter Rogers and Devreon v. Bailie Baird of Sauchtonhall
1681.
December. Case No. No 160.
Click here to view a pdf copy of this documet : PDF Copy
Peter Rogers, merchant in Amsterdam, a Dutchman, having granted a factory to John Devreon his prentice, who was minor, to intromit with and discharge his debts; and the factor having by mistake given a discharge for more than he received, he pursued for restitution upon minority and lesion.
Alleged for the defender, That the pursuer was a merchant, and so to be looked on as a major.
Answered, The stating of accounts is not properly res mercatoria. 2do, A factor who was major could not without an onerous cause discharge the constituent's debt, multo minus the minor, who was a stranger.
