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Scottish Court of Session Decisions >>
Andrew Littlejohn v Duchess of Monmouth. [1667] Mor 10436 (20 February 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor2510436-012.html
A wife's account of furnishings for herself subscribed by her, found valid, though she was married, and a minor.
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Andrew Littlejohn pursues the Duchess of Monmouth and her curators, for payment of a taylor-account, taken off by the Duchess for her marriage sow, to the foot whereof she adjoins these, words, “I acknowledge the account above written, and subscribe the same.” It was alleged by the curators, That the Countess's subscription, being after her marriage, can neither oblige herself nor her husband, because wives' obligations are ipso jure null. It was answered, That the Duchess being persona illustris, and the account for furniture to her body at her marriage, her account fell not under the nullity of ordinary obligations by wives, whose bonds are null, not so much because their subscriptions prove not the receipt of the money, as because, being in potestate viri, they cannot employ it profitably for their own use, which ceases here, the account being for necessary furnishing, which both obliges the wife and her husband, who is obliged to entertain his wife.
The Lords decerned; the pursuer always making faith that it was a just and true account truly resting and owing; and would not put the pursuer to instruct the delivery by witnesses, who are at London; considering especially, that the Duchess being such an illustrious person, her subscription could not be questioned upon so small a matter, as obtained without delivery.
