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Scottish Court of Session Decisions >>
John Forrest v The Earl of Sutherland. [1749] Mor 478 (24 November 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor0200478-006.html Cite as:
[1749] Mor 478
No interest found due on a bill accepted by a wife for necessaries.
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Elizabeth Shaw, milliner in Edinburgh, drew upon the Countese of Sutherland, 31st August 1742, for L. 49 Sterling, against Candlemas then next, being the balance of an account of goods furnished to her, including interest from the draught, which she accepted.
Application was made to the Counters for payment, and a process threatened; but, upon promises to pay at Whitsunday 1744, not raised till after the term; when it was insisted in by John Forrest, merchant in Edinburgh, indorsee to the bill. And the Lord Ordinary decerned with interest.
Pleaded in a reclaiming bill, A wife may take off necessaries, but cannot grant securities bearing interest; which, in this case, is not due ex mora, as the contraction was not made known to the Earl.
Answered: As a wife may bind her husband by contracting for what falls under her præpositura, so she may grant security for what she purchases, bearing interest from the ordinary time, to which credit is given; and the indorser did what was incumbent on her by demanding from the Countess, who, she doubted not, would inform her husband.
“The Lords found interest not due.” (See Husband and Wife.)
Act. H. Home.Alt.Clerk, Kirkpatrick.
Fol. Dic. v. 3. p. 28. D. Falconer, v. 2. No 100. p. 115.
