Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

A Baxter in Leith
v.
Henry Mackeson

Date: 27 November 1624

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In an action, pursued by a baxter of Leith against Henry Mackeson, for payment of the price of bread furnished to his house, by the space of one year, and received by the defender's daughter, from the pursuer, extending to an hundred pounds;—the Lords found that this action, and the like, ought not to be sustained, in respect of the danger which might ensue thereupon, viz. that masters might be convened, if this were sustained, for many years' furnishing, either taken on by their servants or bairns, without any warrant or direction, or when the master might have given to his servants, or others who had the charge of provision of his house, full satisfaction to do the same; which payment, if the saids servants should bestow otherwise than for satisfying of these who had made the furnishing, it were against reason that the master should be convened therefor, except that the master himself had directed the furnishers to furnish his house, and to answer his servants; in which case, if he so commanded, then he ought also to have seen the furnishers paid. But there being no direction given by the master, to these who made any furnishing, the Lords would not sustain any such pursuit moved against them; albeit it was alleged, in this action, that the daughter, who had received the bread furnished, was in use, divers years before, to receive and take, for the defender's house, the whole furnishing and provision thereto, both in bread from the pursuers, and other necessaries thereto, from divers other persons; likeas he replied, that he offered herewith also to prove, that the whole bread libelled was really received within the defender's house, and applied to his own use. Which was not respected, nor the action sustained.

Act. Craig. Alt. Hope. Gibson, Clerk.

Vid. 21st June 1634, Sir James Hamilton.

Page 155.