Christison v. Knowles [1901] ScotLR 38_395 (14 February 1901)

Christison v. Knowles [1901] ScotLR 38_395 (14 February 1901)

The account was not continuous; it was closed in December 1895 and subsequent supplies were settled monthly as separate debts. The triennial prescription applies to the balance due for supplies prior to December 1895.

Citation
[1901] ScotLR 38_395
Parties
Pursuer: Alexander Christison; Defender: Keith Knowles
Jurisdiction
Scotland
Judgment Date
14 February 1901
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
Affirmed interlocutors sustaining prescription plea; allowed pursuer to refer debt to defender's oath; quoad ultra affirmed prior interlocutors.
Legal Topics
Triennial Prescription, Trading Accounts, Continuous Account, Debt Recovery
Commercial Law Prescription Law Triennial Prescription Trading Accounts Continuous Account Debt Recovery

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Parties

Alexander Christison

Pursuer

Keith Knowles

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the account between pursuer and defender was continuous or closed in December 1895
  2. 2 Whether the triennial prescription applies to the balance due for supplies prior to December 1895

Ratio Decidendi

The account was not continuous; it was closed in December 1895 and subsequent supplies were settled monthly as separate debts. The triennial prescription applies to the balance due for supplies prior to December 1895.

Court Disposition

Affirmed interlocutors sustaining prescription plea; allowed pursuer to refer debt to defender's oath; quoad ultra affirmed prior interlocutors.

Orders

  • Recalled interlocutor of 20th December in so far as it assoilzied defender; allowed pursuer to lodge minute referring debt to defender's oath; affirmed interlocutors of 7th June and 20th July 1900; found in fact and law in terms of interlocutor of 6th December 1900.