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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lawson v Maxwell. [1784] Mor 11854 (12 February 1784)
URL: http://www.bailii.org/scot/cases/ScotCS/1784/Mor2811854-022.html
Cite as: [1784] Mor 11854

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[1784] Mor 11854      

Subject_1 PRIVILEGED DEBT.

Lawson
v.
Maxwell

Date: 12 February 1784
Case No. No 22.

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A person afflicted with a paralytic disorder was brought from Scotland to London, and put under the care of Maxwell, a surgeon, who attended him for ten months. He became insane, returned to Scotland, where he was attended by another surgeon, and died six months after. Maxwell claimed preference for his account of medicines and attendance during the ten months, as being a privileged debt. Urged, This privilege extends only to medicines furnished on deathbed, which term the law limits to 60 days preceding death. Besides, the debt was contracted in England, where there is no such legal privilege. The Lords rejected the claim of preference, chiefly, as it appears, on the last ground.

Fol. Dic. v. 4. p. 142. Fac. Col.

See Presumption, Div. 2.

*** This case is No 92. p. 4473, voce Foreign.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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