Highland Railway Co. v. British Linen Co. [1901] ScotLR 38_584 (07 March 1901)

Highland Railway Co. v. British Linen Co. [1901] ScotLR 38_584 (07 March 1901)

The lack of an engineer's certificate does not render the multiplepoinding incompetent; it only means the amount of the fund in medio is unascertained, not that no fund exists.

Citation
[1901] ScotLR 38_584
Parties
Pursuer and Nominal Raiser: Highland Railway Company; Defender and Real Raiser: British Linen Company; Defender (contractors): Chisholm & Company; Defender (storekeeper/arresting Creditor): William Alexander M'Lean
Jurisdiction
Scotland
Judgment Date
07 March 1901
Procedural Posture
Multiplepoinding / Competency Objection at Initial Stage
Outcome
Objection to competency repelled; action to proceed.
Legal Topics
Multiplepoinding, Competency of Action, Fund in Medio, Contractual Conditions Precedent
Civil Procedure Contract Law Multiplepoinding Competency of Action Fund in Medio Contractual Conditions Precedent

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Parties

Highland Railway Company

Pursuer and Nominal Raiser

British Linen Company

Defender and Real Raiser

Chisholm & Company

Defender (contractors)

William Alexander M'Lean

Defender (storekeeper/arresting Creditor)

Procedural Posture

Multiplepoinding / Competency Objection at Initial Stage

Legal Issues

  1. 1 Whether the absence of an ascertained fund in medio due to lack of engineer's certificate renders the multiplepoinding action incompetent.

Ratio Decidendi

The lack of an engineer's certificate does not render the multiplepoinding incompetent; it only means the amount of the fund in medio is unascertained, not that no fund exists.

Court Disposition

Objection to competency repelled; action to proceed.

Orders

  • Repel the defences directed to competency of the multiplepoinding.
  • Pronounce the usual first order for claims.