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Scottish Court of Session Decisions >>
Brock v Brown. [1696] Mor 14563 (9 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor3314563-011.html Cite as:
[1696] Mor 14563
Acquisitions made by a Partner relating to the Society. - Contribution of Pains instead of Stock. - Nature of the Stock of a Company.
Brock v. Brown
Date: 9 December 1696 Case No. No. 11.
No charge can be made for trouble, where no stock is contributed.
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Halcraig reported Robert Brock, Goldsmith in Glasgow, against George Brown, Flesher there, who had entered into a co-partnery of buying Highland cows, and selling them by retail, in Glasgow market, wherein Bailie Brock contributed £.100 Sterling, for buying the stock, and the other furnished no money, but only his pains in going to the Highlands and buying them, and in killing and selling them; and being pursued for the product before the Commissary of Glasgow, and being twice examined, and decerned for the balance; and having suspended, the Lords found his second oath the rule; and where one gives in pecunia to a Society, and the other his opera and personal labour only, they thought he could claim nothing on the account of his pains, seeing that was all he conferred to the society in place of money, and therefore expunged the article of £.200 Scots, he craved eo nomine.
Fol. Dic. v. 2. p. 376. Fountainhall, v. 1. p. 741.
