Brodie v. Brodie [1901] ScotLR 39_88 (09 November 1901)

Brodie v. Brodie [1901] ScotLR 39_88 (09 November 1901)

The majority held that the pursuer had averred and proved a sufficient casus amissionis, namely the loss of the bond from his repositories without evidence of intentional destruction, and that the tenor of the bond being admitted, the pursuer was entitled to decree as concluded for.

Citation
[1901] ScotLR 39_88
Parties
Pursuer: Peter Brodie; Defender: Peter Brodie junior
Jurisdiction
Scotland
Judgment Date
09 November 1901
Procedural Posture
Proving the Tenor / Judgment After Proof
Outcome
casus amissionis proven; decree granted for pursuer
Legal Topics
Proving the Tenor, Bond of Annuity, Casus Amissionis, Deed Importing Obligation
Civil Law Scottish Law Proving the Tenor Bond of Annuity Casus Amissionis Deed Importing Obligation

Case Brief

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Parties

Peter Brodie

Pursuer

Peter Brodie junior

Defender

Procedural Posture

Proving the Tenor / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer has proved a sufficient casus amissionis for the lost bond of annuity
  2. 2 Whether the loss of the deed implies extinction of the obligation

Ratio Decidendi

The majority held that the pursuer had averred and proved a sufficient casus amissionis, namely the loss of the bond from his repositories without evidence of intentional destruction, and that the tenor of the bond being admitted, the pursuer was entitled to decree as concluded for.

Court Disposition

casus amissionis proven; decree granted for pursuer

Orders

  • Declared the tenor of the bond of annuity as concluded for
  • Found pursuer entitled to expenses since closing of the record