Thomson's Executor v. Thomson [1920] ScotLR 107 (19 November 1920)

Thomson's Executor v. Thomson [1920] ScotLR 107 (19 November 1920)

The Court held that the agreement for discharge of the debt by supplies of butcher-meat was intrinsic to the oath, was acted upon, and sufficiently vouched by the defender's ledger. The oath was negative of the reference, and the defender was entitled to be assoilzied.

Citation
[1920] ScotLR 107
Parties
Pursuer: William Thomson, executor-dative of the late Miss Agnes Brown Thomson; Defender: George W. Thomson
Jurisdiction
Scotland
Judgment Date
19 November 1920
Procedural Posture
Appeal / Final Judgment
Outcome
appeal sustained; defender assoilzied
Legal Topics
Reference to Oath, Intrinsic Vs Extrinsic Evidence, Compensation of Debts, Prescription of Debts
Civil Procedure Evidence Contract Law Reference to Oath Intrinsic Vs Extrinsic Evidence Compensation of Debts Prescription of Debts

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 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

William Thomson, executor-dative of the late Miss Agnes Brown Thomson

Pursuer

George W. Thomson

Defender

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the defender's oath was negative or affirmative of the reference regarding the constitution and resting-owing of a prescribed debt
  2. 2 Whether compensation by contra account is intrinsic or extrinsic to the oath of reference
  3. 3 Whether the amount of the counter account can be proved by the defender's oath alone when the account is prescribed

Ratio Decidendi

The Court held that the agreement for discharge of the debt by supplies of butcher-meat was intrinsic to the oath, was acted upon, and sufficiently vouched by the defender's ledger. The oath was negative of the reference, and the defender was entitled to be assoilzied.

Court Disposition

appeal sustained; defender assoilzied

Orders

  • Interlocutor of Sheriff dated 27th January 1920 recalled
  • Interlocutor of Sheriff-Substitute dated 13th November 1919 affirmed