BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Allan v James Paterson. [1663] Mor 2088 (17 June 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor0502088-020.html Cite as:
[1663] Mor 2088
A cautioner for an apprentice was found liable in damages for the apprentice's desertion of his service, though the master suffered the apprentice to go out of the country without informing the cautioner.
Click here to view a pdf copy of this documet : PDF Copy
James Allan charges James Paterson, as cautioner in an indenture for an apprentice, set to the charger for five years, and insists upon that article, of paying two day's wages for ilk day's absence; and subsumes that the apprentice left his service after the first two years, and was absent three years. The said James Paterson suspends on this reason, That it must be presumed collusion betwixt the charger and his apprentice, that having gotten the apprentice fee, and not learned him the trade, he had suffered him to escape, never making intimation to the suspender, that he might have brought him back to his service, while now that he is out of the country, and not knowing where.—The charger answered, That there was nothing to oblige him to make such intimation, neither could a sufficient presumption of collusion be sustained.
The Lords found the letters orderly proceeded, either while the cautioner caused the apprentice re-enter, and serve out his time, or, otherways paid L. 50 for damage and interest, to which they modified the charge.
