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Scottish Court of Session Decisions >>
Gairns v Mr. William Clark. [1683] Mor 16304 (00 February 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor3716304-205.html
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The curator of Reven of Gairns having gone off the kingdom, and left his pupil in family with Mr. William Clark, whom Mr. William, by several missive letters to his friends, called his pupil; and Mr. William, who had the custody of Gairns' papers, having transacted with his creditors, and got abatements, and having taken rights in his own name; Gairns pursued a declarator, that these eases should belong to him, Mr. William being in the case of a pro-curator.
The Lords found, that Gairns having a curator, could not properly have a pro-curator, but found Mr. William liable as negotiorum gestor, or factor, and that he could not have the benefit of the eases, which ought to be forthcoming to the pursuer, deducting his expenses; and Mr. William did not reclaim, but rather consent to this.
