M'Laren's Trustee v. Argylls Ltd [1915] ScotLR 67 (28 October 1915)

M'Laren's Trustee v. Argylls Ltd [1915] ScotLR 67 (28 October 1915)

On the construction of the agreement and the Sale of Goods Act 1893, property in the car did not pass to M'Laren because the stipulated price was not paid; delivery of a dishonoured cheque was not payment and did not transfer property.

Citation
[1915] ScotLR 67
Parties
Pursuer: George M'Culloch, Trustee on the sequestrated estates of Peter M'Intyre M'Laren; Defender: Argylls Limited
Jurisdiction
Scotland
Judgment Date
28 October 1915
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied (absolved) with expenses
Legal Topics
Hire Purchase, Passing of Property, Payment by Cheque, Sale of Goods, Bankruptcy and Sequestration
Commercial Law Contract Law Bankruptcy Law Hire Purchase Passing of Property Payment by Cheque Sale of Goods Bankruptcy and Sequestration

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

George M'Culloch, Trustee on the sequestrated estates of Peter M'Intyre M'Laren

Pursuer

Argylls Limited

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether property in a motor car passed to the purchaser under a hire-purchase agreement when payment was attempted by a dishonoured cheque
  2. 2 Whether delivery of a dishonoured cheque constitutes payment sufficient to transfer property under the Sale of Goods Act 1893

Ratio Decidendi

On the construction of the agreement and the Sale of Goods Act 1893, property in the car did not pass to M'Laren because the stipulated price was not paid; delivery of a dishonoured cheque was not payment and did not transfer property.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied (absolved) with expenses

Orders

  • Defenders assoilzied from the conclusions of the summons
  • Pursuer's reclaiming motion refused