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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Gordon v William Bogle. [1784] Hailes 947 (23 June 1784) URL: http://www.bailii.org/scot/cases/ScotCS/1784/Hailes020947-0620.html Cite as: [1784] Hailes 947 |
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[1784] Hailes 947
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 JURISDICTION. - PRESCRIPTION.
Subject_3 1. Found, that the Court of Admiralty is competent to grant Decree for a Debt due by an Inland Bill. 2. Found, that a blank summons does not interrupt prescription; but that action against one of the correi debendi does.
Date: James Gordon
v.
William Bogle
23 June 1784 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 249; Dict. 7532.]
Braxfield. Every bill of exchange is held to be mercantile, and the Judge-Admiral has a jurisdiction therein by practice. As to the second point, it is clear, because one of the correi debendi was cited within the six years.
Justice-Clerk. Perhaps it had been better if the jurisdiction of the Admiral had not been so far extended as it has been ; but there is no help for that now. I should doubt as to the second point, that a blank summons can interrupt prescription, since the law requires a proper document: but Lord Braxfield's argument on the specialty of the case is conclusive.
President. The interlocutor of the Judge-Admiral is singular. His own court, notwithstanding what he has found, is competent, from practice. I am clearly of opinion that a blank precept is no interruption of prescription. Suppose the pursuer to be creditor in different bills, how can a blank precept apply to one bill more than another? The document required by the statute must be taken on a particular debt.
Eskgrove. In the case of the long prescription, a document is necessary ; but, in the case of the short prescription, a demand made seems sufficient, because that takes off the presumption of payment.
Swinton. Action cannot be said to be commenced on a blank precept.
On the 23d June 1784, “The Lords sustained the jurisdiction of the Admiral ; found that a blank summons does not interrupt prescription, but that action against one of the correi debendi does ;” varying the interlocutor of Lord Eskgrove.
Act. John M'Laurin. Alt. Archibald Campbell.
The electronic version of the text was provided by the Scottish Council of Law Reporting
