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Vans v Balnagowne. [1611] Mor 13984 (00 July 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor3213984-068.html Cite as:
[1611] Mor 13984
Whether one is liable for the malversation of those under his authority? - Complaint raised in name of another without his authority.
Vans v. Balnagowne
1611.
July. Case No. No 68.
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In a contravention committed by mens' tenants, the pain will not be decerned against their master, unless either his command or ratihibition be qualified, or great violence proved.
Fol. Dic. v. 2. p. 342. Haddington, MS. No 2269.*** Kerse reports this case:
In an action of contravention pursued by Alexander Vans contra the Laird of Balnagowne, the Lords sustained the summons upon a deed committed by the Laird's tenants, and would not astrict the pursuer to prove, that the same was done of the Laird's causing, command, &c.
