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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pringle and Porteous v Kennedy. [1738] 1 Elchies 127 (16 June 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010127-004.html Cite as: [1738] 1 Elchies 127 |
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[1738] 1 Elchies 127
Subject_1 FACTOR.
Pringle and Porteous
v.
Kennedy
1738 ,June 16 .
Case No.No. 4.
Click here to view a pdf copy of this documet : PDF Copy
The Lords adhered to the Ordinary's interlocutor, whereof I doubted greatly in point of law, because the law seems to make no distinction between foreigners and natives as to their agents or factors being liable for them; 2dly, The practice of making foreigners find caution de expensis both in the Admiralty-Court and even here, supposes that the factor here is not liable. Kilkerran took it on the footing as if Pringle were in effect assignee though not in rem suam. But I doubted that an assignee suing bona fide on a bond whereof payment had been made to his cedent would be liable in expenses, and the interlocutor did not put it on that footing, nor did the rest of the Lords; and yet they seemed to agree, that one acting as an ordinary agent, if it were not upon a factory, would not be liable, which I did not well comprehend.
The electronic version of the text was provided by the Scottish Council of Law Reporting
