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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Proudfoot v. Lecky [1866] ScotLR 1_117_1 (23 January 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0117_1.html Cite as: [1866] ScotLR 1_117_1, [1866] SLR 1_117_1 |
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Page: 117↓
Issue to prove that a defender, took possession of property belonging to the pursuer, whom he had dismissed from his service, and which were in the defender's own premises, disallowed.
George Proudfoot, merchant in London, sued Francis Boyce Lecky, linen merchant in Glasgow, for damages for having wrongfully and illegally dismissed him from his service on 5th August 1864. He proposed an issue to try this question, which was not objected to. But he proposed another issue in these terms—“Whether, after the dismissal of the pursuer by the defender, the defender, by another acting on his instructions, wrongfully took possession of certain property belonging to or in the possession of the pursuer, then in the business premises of the defender in London—to his loss, injury, and damage?” Lord Barcaple reported this proposed issue, expressing a doubt as to whether the mere taking possession of the articles referred to was a relevant ground for a claim of damage, and the Court to-day unanimously disallowed it. The defender could not lock up his premises without taking possession of the pursuer's effects which were there.
Counsel for Pursuer— Mr Clark, and Mr A. Moncrieff. Agents— Messrs Wilson, Burn, & Gloag, W.S.
Counsel for Defender—The Lord Advocate and Mr Pattison. Agent— Mr R. P. Stevenson, S.S.C.
