You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
George Dallas of St. Martins v Mackenzie. [1695] 4 Brn 271 (21 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040271-0608.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
George Dallas of St Martins v. Mackenzie
Date: 21 February 1695
Click here to view a pdf copy of this documet : PDF Copy
George Dallas of St. Martins against Sir George Mackenzie of Rosehaugh's son, for payment of an account of writings, for his father. Alleged,—They are prescribed quoad modum probandi, not being pursued within three years after the last article. Answered,—The act is anent merchants' and tradesmen's accounts; and the general words of “others,” could not extend to writers, which was a liberal science.
The Lords thought, If he had the principal writs in his hands, it presumed he was yet unpaid; but, being delivered, and he only showing scrolls, and never craving it in Sir George's own lifetime, that it prescribed as well as other accounts; else, where one has served gratis, he may afterwards pursue his heirs for payment of such accounts.
