Brodie v. Macgregor [1901] ScotLR 39_87 (09 November 1901)

Justice requires pursuer to receive expenses up to the date of tender, defender entitled to expenses after that date, based on Court's discretion and circumstances of the case.

Citation: [1901] ScotLR 39_87
Parties: Pursuer: Mrs Catherine M'Ewen or Brodie; Defender: David MacGregor
Jurisdiction: Scotland
Judgment Date: 09 November 1901
Procedural Posture: Action for Damages for Breach of Promise of Marriage / Post Second Jury Trial, Motion to Apply Verdict
Outcome: expenses apportioned
Legal Topics: Breach of Promise, Damages, Judicial Tender, Expenses, New Trial

Civil Law Family Law Breach of Promise Damages Judicial Tender Expenses New Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

Mrs Catherine M'Ewen or Brodie

Pursuer

David MacGregor

Defender

Procedural Posture

Action for Damages for Breach of Promise of Marriage / Post Second Jury Trial, Motion to Apply Verdict

Legal Issues

1 entitlement to expenses after judicial tender
2 damages for breach of promise
3 effect of averments impeaching chastity

Ratio Decidendi

Justice requires pursuer to receive expenses up to the date of tender, defender entitled to expenses after that date, based on Court's discretion and circumstances of the case.

Court Disposition

expenses apportioned

Orders

Pursuer entitled to expenses up to 24th September 1901
Defender entitled to expenses since 24th September 1901