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Lord Mackenzie .—I concur. I expected that the pursuer would have pointed out the items which he had left uncharged in the character of agent, in respect of which he claimed commission in the character of trustee; but I see nothing due to him in the former character which he has not charged. He has, besides, charged full sums for the money advanced, whether as trustee or agent, and in the latter character advances are frequently made. I am of opinion, therefore, that he cannot charge, first, by items in a business account as agent, and then claim a slump sum in name of commission as trustee.
The Court , accordingly, unanimously adhered , giving expenses from the date of the Lord Ordinary's interlocutor.
Lord Ordinary, Fullerton. Act. Dean of Fac. (Hope,) Christison. Alt. M'Neill and More. William Renny, W. S. and William Muir, S. S. C. Agents. D. Clerk.
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Common Room
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