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Cite as: [1740] Mor 3524

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[1740] Mor 3524      
Subject_1 DILIGENCE.
Subject_2 SECT. VII.

Diligence Prestable by Factors and Mandataries.

M'Caul
 v.
Vareils

Date: 8 February 1740
Case No. No 60.

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A factor must either do diligence, or acquaint his constituent with his not doing diligence, and with his reasons: And where he did give such notice, and his constituent gave no orders for diligence, but left it to the discretion of the factor, it was found the factor could not be reached as negligent, merely because the debtors proved in the event insolvent.

 Fol. Dic. v. 3. p. 182. Kilkerran, (Factor.) No 4. p. 183.

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/1740/Mor0903524-060.html