Hope v. Derwent Rolling Mills Co., Ltd [1905] ScotLR 42_794 (27 June 1905)

Hope v. Derwent Rolling Mills Co., Ltd [1905] ScotLR 42_794 (27 June 1905)

Arrestment ad fundandam jurisdictionem remains a valid foundation for jurisdiction after competent amendments to the action; the amendments allowed under section 29 of the Court of Session Act 1868 were proper; the loan was sufficiently proved in writing by the cheque and entries in the company's books.

Citation
[1905] ScotLR 42_794
Parties
Pursuer: Henrietta Alice Ashby or Hope (with consent and concurrence of John Alfred Hope); Defender: Derwent Rolling Mills Company, Limited; Receiver (sisted as Defender): William B. Peat
Jurisdiction
Scotland
Judgment Date
27 June 1905
Procedural Posture
Civil / Reclaiming Note (appeal) Against Interlocutor of Lord Ordinary
Outcome
Court adhered to interlocutor; decree for pursuer for £500 with expenses.
Legal Topics
Jurisdiction, Arrestment Ad Fundandam Jurisdictionem, Amendment of Pleadings, Proof of Loan, Bills of Exchange
Civil Procedure Commercial Law Jurisdiction Arrestment Ad Fundandam Jurisdictionem Amendment of Pleadings Proof of Loan Bills of Exchange

Case Brief

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Parties

Henrietta Alice Ashby or Hope (with consent and concurrence of John Alfred Hope)

Pursuer

Derwent Rolling Mills Company, Limited

Defender

William B. Peat

Receiver (sisted as Defender)

Procedural Posture

Civil / Reclaiming Note (appeal) Against Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether arrestment ad fundandam jurisdictionem constitutes a proper foundation for jurisdiction after competent amendments to the action
  2. 2 Whether amendments to the summons and condescendence were competent under section 29 of the Court of Session Act 1868
  3. 3 Whether the loan was sufficiently proved in writing as required by Scots law

Ratio Decidendi

Arrestment ad fundandam jurisdictionem remains a valid foundation for jurisdiction after competent amendments to the action; the amendments allowed under section 29 of the Court of Session Act 1868 were proper; the loan was sufficiently proved in writing by the cheque and entries in the company's books.

Court Disposition

Court adhered to interlocutor; decree for pursuer for £500 with expenses.

Orders

  • Decree against Derwent Rolling Mills Company, Limited for £500 sterling with interest and expenses.
  • Receiver liable for expenses.