Macphail v. Lamson Paragon Supply Co. [1913] ScotLR 20 (29 October 1913)

Macphail v. Lamson Paragon Supply Co. [1913] ScotLR 20 (29 October 1913)

The defender failed to aver a relevant agreement or bargain not to prosecute; the pleadings only disclosed threats, not a pactum illicitum. Therefore, the documents acknowledging the debt were not tainted by illegality and were enforceable.

Citation
[1913] ScotLR 20
Parties
Pursuer: Lamson Paragon Supply Company, Limited; Defender: Campbell D. Macphail
Jurisdiction
Scotland
Judgment Date
29 October 1913
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; decree for pursuers affirmed
Legal Topics
Pactum Illicitum, Agreement to Refrain From Prosecution, Relevancy of Pleadings, Illegal Consideration
Contract Law Pactum Illicitum Agreement to Refrain From Prosecution Relevancy of Pleadings Illegal Consideration

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lamson Paragon Supply Company, Limited

Pursuer

Campbell D. Macphail

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the defender had relevantly averred an agreement to refrain from prosecution amounting to a pactum illicitum, thereby invalidating the debt acknowledgment and promissory note.
  2. 2 Whether threats of prosecution, without a definite agreement not to prosecute, render the documents unenforceable.

Ratio Decidendi

The defender failed to aver a relevant agreement or bargain not to prosecute; the pleadings only disclosed threats, not a pactum illicitum. Therefore, the documents acknowledging the debt were not tainted by illegality and were enforceable.

Court Disposition

appeal dismissed; decree for pursuers affirmed

Orders

  • The Lord Ordinary's interlocutor is adhered to.
  • Decree granted for the sum sued for (£110, 8s. 8d.) with interest from the date of citation.