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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mouat v. Smith [1881] ScotLR 18_687 (14 July 1881) URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0687.html Cite as: [1881] SLR 18_687, [1881] ScotLR 18_687 |
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Page: 687↓
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Laurence Mouat, a carpenter in Lerwick, raised this action against Andrew Smith, merchant, Lerwick, to recover payment of the sum of £76, 9s. 9d. as the price of certain furnishings and repairs made on the schooner “Krydseren” by the order of the latter, who was the managing owner. The defender, while admitting that the debt was justly due, pleaded in defence—(1) That the pursuer was a joint owner with him in the vessel, which had been chartered by the parties as a speculation for the fishing season; (2) That the season having proved a failure, an accounting had to be entered into between the parties, in the result of which it appeared that the pursuer's shares of the losses incurred counterbalanced his charges for the repairs and furnishings rendered to the ship.
The Lord Ordinary (
Rutherford Clark ) decerned against the defender. The defender having reclaimed, the Court adhered, being of opinion that the pursuer was entitled to recover payment for the repairs admittedly made on the ship from the defender as managing owner, and that it was incompetent under the conclusions of the present action to enter upon the questions of accounting between the parties.
Counsel for Reclaimer— M'Kechnie— Gallo way. Agent— Thomas Carmichael, S.S.C.
Counsel for Respondent— Johnstone— Young. Agent— George M. Wood, S.S.C.
