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 £1, 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 >>
Captain Stephens v Creditors of York Buildings Company. [1735] Mor 9140 (14 February 1735)
URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor2209140-007.html Cite as:
[1735] Mor 9140
Captain Stephens v. Creditors of York Buildings Company
Date: 14 February 1735 Case No. No 7.
Click here to view a pdf copy of this documet : PDF Copy
A factor is not obliged to yield possession to his constituent, or give up any subject in his hand, until he get payment of salary and disbursements; and this is upon a stronger footing than compensation or retention. It is founded in strict law, as being implied in the mutual contract betwixt them; and, in all cases, the actio contraria must meet the actio directa. As a consequence of this, if a factor sell his constituent's effects, and take the price payable to himself, he will be preferable in a competition to his constituent, so long as he has any thing to claim by the actio contraria. And, for the same reason, it was found, that he must be preferable to the constituent's creditors arresting the price in the purchaser's hand.—See Appendix.
