A. & A. Campbell v. Campbell and Another (Campbell's Executors) [1910] ScotLR 837 (14 July 1910)

A. & A. Campbell v. Campbell and Another (Campbell's Executors) [1910] ScotLR 837 (14 July 1910)

The existing firm had no title to sue for the portion of the account incurred prior to its reconstruction, absent assignation from the old firm. The earlier account is subject to triennial prescription.

Citation
[1910] ScotLR 837
Parties
Pursuer: A. & A. Campbell; Defender: Mrs Charlotte Campbell and another (Campbell's Executors)
Jurisdiction
Scotland
Judgment Date
14 July 1910
Procedural Posture
Civil / Reclaiming Note (appeal) Against Interlocutor
Outcome
Action dismissed in respect of account prior to 31st July 1904; reclaiming note refused; interlocutor adhered to.
Legal Topics
Title to Sue, Triennial Prescription, Continuity of Accounts, Remuneration of Law Agents
Partnership Agency Prescription Title to Sue Triennial Prescription Continuity of Accounts Remuneration of Law Agents

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Parties

A. & A. Campbell

Pursuer

Mrs Charlotte Campbell and another (Campbell's Executors)

Defender

Procedural Posture

Civil / Reclaiming Note (appeal) Against Interlocutor

Legal Issues

  1. 1 Whether the pursuers have title to sue for fees incurred prior to firm reconstruction
  2. 2 Whether the account is continuous or two separate accounts for purposes of prescription
  3. 3 Whether proof of agreement for gratuitous services requires writ or oath

Ratio Decidendi

The existing firm had no title to sue for the portion of the account incurred prior to its reconstruction, absent assignation from the old firm. The earlier account is subject to triennial prescription.

Court Disposition

Action dismissed in respect of account prior to 31st July 1904; reclaiming note refused; interlocutor adhered to.

Orders

  • Sustain first plea-in-law for defenders as regards account prior to 31st July 1904 and dismiss action to that extent.
  • Refuse reclaiming note.