Young v. Thomson [1908] ScotLR 143 (21 November 1908)

Young v. Thomson [1908] ScotLR 143 (21 November 1908)

The Court held that the existence and contents of the missing pass-book for 1906, which was in the pursuer's custody, were sufficiently proved by parole evidence. The pursuer's failure to produce or explain the absence of the pass-book, combined with the established course of dealing, justified dispensing with a separate process for proving the tenor and with written adminicles. Payment was thus established, and the pursuer's claim failed.

Citation
[1908] ScotLR 143
Parties
Pursuer/respondent: John Young; Defender/reclaimer: Andrew Wilson Thomson
Jurisdiction
Scotland
Judgment Date
21 November 1908
Procedural Posture
Civil / Appeal (reclaiming Motion) From Outer House to Inner House
Outcome
decree of absolvitor (defender assoilzied)
Legal Topics
Proof of Payment, Written Evidence, Parole Evidence, Proving Tenor, Adminicles, Goods Supplied on Credit
Contract Law Evidence Law Proof of Payment Written Evidence Parole Evidence Proving Tenor Adminicles Goods Supplied on Credit

Case Brief

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Parties

John Young

Pursuer/respondent

Andrew Wilson Thomson

Defender/reclaimer

Procedural Posture

Civil / Appeal (reclaiming Motion) From Outer House to Inner House

Legal Issues

  1. 1 Whether payment of a debt constituted by written account can be proved by parole evidence when the written receipt (pass-book) is missing and was in the creditor's custody.
  2. 2 Whether a separate process for proving the tenor of the missing pass-book is necessary before parole evidence of its contents is admissible.

Ratio Decidendi

The Court held that the existence and contents of the missing pass-book for 1906, which was in the pursuer's custody, were sufficiently proved by parole evidence. The pursuer's failure to produce or explain the absence of the pass-book, combined with the established course of dealing, justified dispensing with a separate process for proving the tenor and with written adminicles. Payment was thus established, and the pursuer's claim failed.

Court Disposition

decree of absolvitor (defender assoilzied)

Orders

  • Interlocutor of the Lord Ordinary recalled.
  • Decree of absolvitor pronounced in favour of the defender.