Factor – A foreign factor advises his correspondents, that he has disposed of a cargo, and shipped returns for it, on both which he charges commission; he afterwards brings an action against the correspondents, alleging that he had lent his own goods, and had not received proceeds for theirs; but he is not allowed to prove facts contrary to his correspondence.
The knowledge of the ship-master, though Supercargo, and part owner, not relevant against the correspondence.
Proof – The factor having refused to allow a proof of the ship-master’s knowledge by his own oath, a proof by witnesses is refused him.
[1725] UKHL Robertson – 534, (1725) Robertson 534
Bailii
Scotland, Contract
Updated: 05 January 2022; Ref: scu.554121