Fortune v Young [1917] ScotCS CSIH_1 (18 October 1917)
The letter constituted a binding guarantee under Scottish law, satisfying statutory requirements as it was in writing and subscribed by the defender, who was personally liable despite signing in the firm name. The absence of an addressee did not invalidate the guarantee, and the pursuer had title to recover the amounts claimed.
- Citation
- [1917] ScotCS CSIH_1
- Parties
- Pursuer: Fortune; Defender: Young
- Jurisdiction
- Scotland
- Judgment Date
- 18 October 1917
- Procedural Posture
- Civil Appeal / Appellate Judgment
- Outcome
- appeal dismissed; decree for pursuer
- Legal Topics
- Guarantee, Cautionary Obligation, Mercantile Law Amendment Act (scotland), Requirements for Written Guarantees, Liability of Guarantor
Case Brief
Summary, issues, holding and outcome
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Parties
Fortune
Pursuer
Young
Defender
Procedural Posture
Civil Appeal / Appellate Judgment
Legal Issues
- 1 Whether the letter constituted a binding guarantee under Scottish law
- 2 Whether the guarantee complied with statutory requirements for written guarantees
- 3 Whether the absence of an addressee invalidated the guarantee
Ratio Decidendi
The letter constituted a binding guarantee under Scottish law, satisfying statutory requirements as it was in writing and subscribed by the defender, who was personally liable despite signing in the firm name. The absence of an addressee did not invalidate the guarantee, and the pursuer had title to recover the amounts claimed.
Court Disposition
appeal dismissed; decree for pursuer
Orders
- Decree granted for the amount sued for in favour of the pursuer.
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