Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. X.

No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored?

Peter Rogers and Devreon
v.
Bailie Baird of Sauchtonhall

1681. December.
Case No. No 160.

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Peter Rogers, merchant in Amsterdam, a Dutchman, having granted a factory to John Devreon his prentice, who was minor, to intromit with and discharge his debts; and the factor having by mistake given a discharge for more than he received, he pursued for restitution upon minority and lesion.

Alleged for the defender, That the pursuer was a merchant, and so to be looked on as a major.

Answered, The stating of accounts is not properly res mercatoria. 2do, A factor who was major could not without an onerous cause discharge the constituent's debt, multo minus the minor, who was a stranger.

The Lords reponed the minor, he proving lesion.

Harcarse, (Minority.) No 700. p. 197.