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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Bride v. Williams & Co [1881] ScotLR 18_609 (28 June 1881) URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0609.html Cite as: [1881] SLR 18_609, [1881] ScotLR 18_609 |
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Page: 609↓
[Sheriff Court of Dumfries and Galloway.
Andrew M'Bride, master of a ship called “Royal Alice,” ordered on 20th February 1879 from Peter Williams & Co., wholesale clothiers, Liverpool, a quantity of drapery goods, to be paid for a year after the date of order, when he should return from a voyage to Calcutta. In November thereafter the latter raised an action against him in the Sheriff Court of Dumfries and Galloway for the price of the said goods. The defender pleaded that the account sued for being not yet due the action was premature and uncalled for. On 10th February 1881 the Sheriff-Substitute ( Rhind) sustained the defence and dismissed the action as premature. The pursuers having appealed, the Sheriff-Principal ( Macpherson) on 13th April 1881 recalled the interlocutor appealed against, on the ground that more than a year had elapsed since the sum sued for was admittedly due and there had been no tender of payment nor any proposal to consign.
Under these circumstances the Court, on appeal, adhered to the Sheriff-Principal's judgment.
Counsel for Appellant— Hon. H. J. Moncreiff. Agent— Edward Nish, Solicitor.
Counsel for Respondent — Shaw — Watt. Agents— Martin & M'Glashan, S.S.C.