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Scottish Court of Session Decisions >>
Magnus Prince, &c. Tacksmen of the Customs, v James Carmichael. [1688] 3 Brn 670 (21 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn030670-1029.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 21 February 1688
Magnus Prince, &c Tacksmen of the Customs, v. James Carmichael
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Magnus Prince, and other Tacksmen of the Customs, pursue James Carmichael, brewer, upon his contract, to relieve them of sundry debts. Alleged,—His agreement bears a mutual obligement that the tacksmen shall pay in to him the excise; ita est he wants yet for Thomas Robertson's and Charles Murray's brewings. Answered,—This compensation was not inter eosdem, seeing the chargers had paid their excise, and he had action against the deficients.
Replied,—They were all bound to him, and it behoved to be understood conjunctly and severally, the words being “they paying;” which is oratio indefinita æquipollens universali, i, e. they all paying.
The Lords found them all liable conjunctly and severally for one another's excise; and refused relief till all paid for their brewings, seeing the excise was the only subject out of which he could operate relief.
