Costin v. Hume [1913] ScotLR 112 (03 December 1913)

Costin v. Hume [1913] ScotLR 112 (03 December 1913)

The pursuer's averments are relevant to support her title to sue and, if substantiated, to support her case on the merits. The fact that the pursuer could not have sued the donor does not preclude her from suing a third party holding money intended for her. The case is not one of condictio indebiti but of vindication of the right to a donation.

Citation
[1913] ScotLR 112
Parties
Pursuer: Mary Catherine Costin; Defender: Andrew Hume
Jurisdiction
Scotland
Judgment Date
03 December 1913
Procedural Posture
Civil / Appeal From Sheriff Court, Interlocutor Recalled, Proof Before Answer Allowed
Outcome
interlocutor of Sheriff-Substitute recalled, proof before answer allowed
Legal Topics
Title to Sue, Charitable Donations, Fraudulent Appropriation, Condictio Indebiti
Civil Procedure Charity Law Trusts and Estates Title to Sue Charitable Donations Fraudulent Appropriation Condictio Indebiti

Case Brief

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Parties

Mary Catherine Costin

Pursuer

Andrew Hume

Defender

Procedural Posture

Civil / Appeal From Sheriff Court, Interlocutor Recalled, Proof Before Answer Allowed

Legal Issues

  1. 1 Whether the donee of a charitable fund has title to sue a third party who received money intended for the donee
  2. 2 Whether the action is properly one of condictio indebiti or for vindication of a right to a donation

Ratio Decidendi

The pursuer's averments are relevant to support her title to sue and, if substantiated, to support her case on the merits. The fact that the pursuer could not have sued the donor does not preclude her from suing a third party holding money intended for her. The case is not one of condictio indebiti but of vindication of the right to a donation.

Court Disposition

interlocutor of Sheriff-Substitute recalled, proof before answer allowed

Orders

  • Case remitted to Sheriff-Substitute for proof before answer