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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Watson v Matthewson. &c. [1623] Mor 3501 (6 February 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0903501-037.html
Cite as: [1623] Mor 3501

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[1623] Mor 3501      

Subject_1 DILIGENCE.
Subject_2 SECT. VI.

Diligence prestable by Tutors and Curators.

Watson
v.
Matthewson &c.

Date: 6 February 1623
Case No. No 37.

A tutor was not found liable to pay a debt due to his pupil, by a bankrupt, tho' he had no diligence against the debtor, unless it were alleged that the money might have been recovered by diligence.


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In a tutor count and betwixt Watson and Mathewson, Lang, John Callender in Leith, and others, the Lords found, That a tutor was not obliged to pursue unresponsal debtors, unless the minor could say that they were repute responsal. That the tutor could not buy the quarter of ane minor's ship better cheap, nor he had bought ane other quarter according to the price given up in testament by himself; and that a tutor might compense a part of the minor's stock and annuals thereof, with the expenses for his entertainment for years after the tutory expired.

Fol. Dic. v. 1. p. 241. Haddington, MS. No 2749.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0903501-037.html