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Scottish Court of Session Decisions >>
Muirhead v The Town of Haddington. [1750] Mor 532 (22 June 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor0200532-070.html Cite as:
[1750] Mor 532
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due to CAUTIONERS, FACTORS, MANDATARS, TUTORS, &c. Subject_3 As a Recompence for advancing their own Money upon their Constiuent's Account.
Muirhead v. The Town of Haddington
Date: 22 June 1750 Case No. No 70.
Interest refused to the executor of a writer, from the date of the last article of an account of business and debursements, or even from citation.
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Muirhead of Brodisholm, as executor to his deceased brother George, writer in Edinburgh, recovered decree against the Town of Haddington for L. 1142 : 18 : 8 Scots, contained in an account due by the Town to the defunct, as their agent in several processes, and which had been due since the year 1731; and, as the account consisted all of debursements, except ten guineas modified for pains, he insisted also for annualrent from the last article of the account; or, if not found entitled to that from the time the account had been transmitted to the Town, at least from the citation in the process, which he argued to be due upon the same principle that mandatories and factors, advancing their money on commission, are entitled to annualrent from the time they transmit the account.
The Lords sound no annualrent due: They considered such claim as only competent in the case of merchants, and that it had never gone further.
Fol. Dic. v. 3. p. 30. Kilkerran, (Annualrent.) p. 30.
