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 >>
Potter and his Factor v Robertson. [1739] Mor 4644 (25 July 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor1104644-005.html Cite as:
[1739] Mor 4644
What Caution exigible from Foreigners in law suits. - How far their Attornies liable for them.
Potter and his Factor v. Robertson
Date: 25 July 1739 Case No. No 5.
A factor for a foreigner pursuing, and losing the cause, was found to be qua such personally liable in expenses.
Click here to view a pdf copy of this documet : PDF Copy
A Factor for a foreigner pursuing and losing the cause, found, upon report, to be, qua such, personally liable to the defender in the expense of process.— Elchies reporter.
N. B. The like judgment had been given, Pringle and Porteous contra Mr David Kennedy, No 4. p. 4643; where not only the factor, but also the agent in the process, was found with him conjunctly and severally liable in the expense of process to the defender; the factor, who was the agent's constituent, was in that case also a foreigner.
Several of the Lords were of opinion, notwithstanding these decisions, that where a foreigner pursues, the defender ought to insist initio litis, that caution should be found, without which the foreigner will not be allowed to insist in the process, as was found Feb. 14. 1627, Pyrmon against Ramsay's Executors, voce Writ; but that if the defender neglect this, a factor or agent should not be found liable, merely because they undertake a kind office for a stranger.
