Henry Lamont & Co. v. The Dublin and Glasgow Steam Packet Co. [1908] ScotLR 806 (23 June 1908)

Henry Lamont & Co. v. The Dublin and Glasgow Steam Packet Co. [1908] ScotLR 806 (23 June 1908)

The interlocutor did not import an appointment of proof or a refusal or postponement of the same; therefore, the reclaiming note was incompetent without leave of the Lord Ordinary, which had not been granted.

Citation
[1908] ScotLR 806
Parties
Pursuer: Henry Lamont & Company; Defender: The Dublin and Glasgow Steam Packet Company
Jurisdiction
Scotland
Judgment Date
23 June 1908
Procedural Posture
Action of Accounting / Reclaiming Note Against Interlocutor
Outcome
reclaiming note dismissed
Legal Topics
Competency of Reclaiming Note, Interlocutory Orders, Accounting, Commission Disputes
Civil Procedure Commercial Law Competency of Reclaiming Note Interlocutory Orders Accounting Commission Disputes

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Parties

Henry Lamont & Company

Pursuer

The Dublin and Glasgow Steam Packet Company

Defender

Procedural Posture

Action of Accounting / Reclaiming Note Against Interlocutor

Legal Issues

  1. 1 Whether the interlocutor appointing the defenders to lodge an account could be reclaimed against without leave of the Lord Ordinary
  2. 2 Whether the interlocutor imported an appointment of proof under the Court of Session Act 1868 and Act of Sederunt 1870

Ratio Decidendi

The interlocutor did not import an appointment of proof or a refusal or postponement of the same; therefore, the reclaiming note was incompetent without leave of the Lord Ordinary, which had not been granted.

Court Disposition

reclaiming note dismissed

Orders

  • objection sustained
  • reclaiming note refused