Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

John Stewart
v.
James Douglas

Date: 10 December 1636

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James Douglas in Moncktounhall having obtained decreet against John Stewart, messenger, for payment of a certain sum of money for ale furnished to the said George his house, this decreet is suspended, and craved to be reduced, upon this reason, that Jean Hamilton, spouse to the suspender, to whom the said ale was furnished, was publicly inhibited to contract any debts without her husband's knowledge and consent; and the lieges being inhibited, the said James Douglas, charger, was in mala fide to furnish her ale or any other thing without her husband's knowledge and consent. To the which it was answered, That the ale was all furnished to the suspender's own house for aliment to himself and his family and four boarders; and so, his wife cohabiting with him notwithstanding of the said inhibition, he ought to make payment of the said ale furnished, as said is. The Lords assoilyied from the reduction, and found the letters orderly proceeded, in respect the wife cohabited with her husband, and used to keep her house and boarders as she was in use to do before the inhibition.

2d MS. Page 121.