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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wallace v Crawford of Camber. [1672] Mor 13425 (22 January 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor3113425-030.html
Cite as: [1672] Mor 13425

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[1672] Mor 13425      

Subject_1 RECOMPENCE.
Subject_2 SECT. V.

Parents liable for Furnishings to their Children. - In what cases the Children liable. - Qui in funus impendit.

Wallace
v.
Crawford of Camber

Date: 22 January 1672
Case No. No 30.

A father not obliged to pay a merchant for furnishings to his son, without his warrant, when he had given an allowance to his son for such articles.


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Hugh Wallace having furnished certain clothes and furniture to umquhile Mr William Crawford, Camber's eldest son, pursues Camber for payment, as he who was obliged to aliment and entertain his son, and so the furniture was to his advantage and behoof. The defender alleged, That albeit a father be obliged to entertain his son in the family, that will be no warrant for any merchant to furnish the son without the father's consent, especially seeing the father offers to declare upon oath, that he gave money to his son to furnish himself, according to the quality and condition of his estate.

The Lords found the defence relevant, to be instructed by the father's own oath.

Fol. Dic. v. 2. p. 320. Stair, v. 2. p. 53.

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/1672/Mor3113425-030.html