Masco Cabinet and Bedding Co., Ltd v. Martin [1912] ScotLR 597 (20 March 1912)

Masco Cabinet and Bedding Co., Ltd v. Martin [1912] ScotLR 597 (20 March 1912)

The Court held that the expenses awarded to the defender could not be set off against the sum decreed in favour of the pursuers because the claims were not partes ejusdem negotii; accordingly, decree for expenses in the name of the agent-disburser was refused.

Citation
[1912] ScotLR 597
Parties
Pursuer: Masco Cabinet and Bedding Company, Limited; Defender: A. G. Martin
Jurisdiction
Scotland
Judgment Date
20 March 1912
Procedural Posture
Civil / Motion for Decree for Expenses in Name of Agent Disburser After Appellate Judgment
Outcome
motion refused
Legal Topics
Expenses, Compensation, Set Off, Agent Disburser
Civil Procedure Expenses Compensation Set Off Agent Disburser

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Parties

Masco Cabinet and Bedding Company, Limited

Pursuer

A. G. Martin

Defender

Procedural Posture

Civil / Motion for Decree for Expenses in Name of Agent Disburser After Appellate Judgment

Legal Issues

  1. 1 Whether the pursuers are entitled to set off the sum decreed in their favour against the expenses awarded to the defender
  2. 2 Whether decree for expenses can be granted in the name of the agent-disburser

Ratio Decidendi

The Court held that the expenses awarded to the defender could not be set off against the sum decreed in favour of the pursuers because the claims were not partes ejusdem negotii; accordingly, decree for expenses in the name of the agent-disburser was refused.

Court Disposition

motion refused

Orders

  • Decree for expenses in name of agent-disburser refused