Thomson & Gillespie v. The Victoria Eighty Club [1905] ScotLR 43_628 (15 August 1905)

Thomson & Gillespie v. The Victoria Eighty Club [1905] ScotLR 43_628 (15 August 1905)

Ordinary members are not liable for goods supplied to the club on credit absent special circumstances or express authorisation; committee members who had general knowledge and passed accounts for payment are jointly and severally liable.

Citation
[1905] ScotLR 43_628
Parties
Pursuer: Thomson & Gillespie; Pursuer: Alexander Scott Cairns; Defender: The Victoria Eighty Club; Defender: Robert G. Armstrong and others (committee members); Defender: R. W. Millar and others (club members); Defender: William Hill and Harry Rawson; Defender: J. G. Reid
Jurisdiction
Scotland
Judgment Date
15 August 1905
Procedural Posture
Civil / Final Judgment
Outcome
Claim against ordinary members dismissed; claim against committee member (R.W. Millar) upheld.
Legal Topics
Liability of Club Committee, Liability of Club Members, Goods Supplied on Credit, Joint and Several Liability
Contract Law Agency Law Liability of Club Committee Liability of Club Members Goods Supplied on Credit Joint and Several Liability

Case Brief

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Parties

Thomson & Gillespie

Pursuer

Alexander Scott Cairns

Pursuer

The Victoria Eighty Club

Defender

Robert G. Armstrong and others (committee members)

Defender

R. W. Millar and others (club members)

Defender

William Hill and Harry Rawson

Defender

J. G. Reid

Defender

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Are ordinary members of a social club liable for goods supplied on credit to the club?
  2. 2 Are committee members liable for goods supplied on credit when they have general knowledge and pass accounts for payment?
  3. 3 Is liability pro rata or joint and several?

Ratio Decidendi

Ordinary members are not liable for goods supplied to the club on credit absent special circumstances or express authorisation; committee members who had general knowledge and passed accounts for payment are jointly and severally liable.

Court Disposition

Claim against ordinary members dismissed; claim against committee member (R.W. Millar) upheld.

Orders

  • Decerns against Robert W. Millar for payment of £120.06 with interest at 5% per annum from date of citation, reserving any right of relief competent to him.
  • Dismisses claim against ordinary members and other compearing defenders (except William Hill, already assoilzied).