BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Muirhead v the Merchants of Dumfries. [1693] 4 Brn 80 (22 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040080-0189.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Muirhead v. the Merchants of Dumfries
Date: 22 February 1693
Click here to view a pdf copy of this documet : PDF Copy
The Lords found George Johnston's assumption being without consent, it could deduce nothing of his 12th part; and adhered to the former interlocutor, whereby he he got 6 per cent, for his stock since the dissolution of the society, with 3 per cent. more, nomine damni, not only for their trading with his stock during that time, but also because they had unwarrantably thrust him out of the copartnery, and abstracted and vitiated the books by which he could prove his charge: And as for the interval between the last fitted account in 1685, and the dissolution in 1687, they allowed him to prove what was the greatest profit they made; but with this quality, that if there was loss, then he must also bear his share of it, else it would be societas leonina: And found the L.78 Sterling due by his father, as cash-keeper to the society, must not be deduced as a debt now ab hoc momento, but must defaulk of his stock pro tanto at the time of fitting the account.
