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Subject_ Agent and Client—Reparation.— An agent having lost a bill of exchange transmitted to him by his client, held not freed of responsibility for the amount by the circumstance, that the client had subsequently been appointed trustee on the estate of the heir of the debtor in the bill, and had not set apart any dividend for it, but had taken a discharge of his intromissions as trustee, paying over to the heir a balance in his hands—the debt in the bill being disputed by the heir.
Sequel of the case mentioned ante, XII. 824, which see. After it returned to the Lord Ordinary a diligence was taken, which brought nothing material to light; and no further investigation having been sought for, the parties resumed the pleas formerly mentioned, on the point, how far the late George M'Farlane had, by his conduct, freed the defender from responsibility.
The Lord Ordinary pronounced this interlocutor, adding the subjoined note: * —“Finds that the defender is bound to make payment to the pursuer of the sum of £100 Sterling, being the amount of the bill lost by him (the defender), besides interest from and after the 24th day of February, 1821, when the bill fell due, and decerns: finds the defender liable in the expenses incurred by the pursuer, both in this Court and in the Inferior Court.”
Fergusson reclaimed, but the Court adhered, the pursuers assigning to him the debt.
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Common Room
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