Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Slowan
v.
The Lord of Bargenie

Date: 7 July 1680

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Slowan having charged the Lord Bargenie upon his bond of borrowed money, he suspends upon this reason,—That the true cause of granting the bond was for services to be done to the Lady Clanbrisle, Bargenie his lady; which were never done, but the contrary. Whereupon Slowan having deponed, by commission, that the bond was granted for disbursements and furniture to my lady, truly performed,—at the advising of the oath, it was alleged that the oath making it evident that the bond was granted by my Lord, stante matrimonio, for my lady's debt, to which he was only liable jure mariti, the marriage being dissolved, he is free; especially seeing he made no profit thereby; in the same way as if he had been decerned, as husband, to pay.

It was answered, That husbands' bonds are not dissolved as decreets against them jure mariti; nor doth the oath prove that the furniture was before my Lord's marriage; for, being during the marriage, my Lord is simply liable, and not pro interesse.

The Lords found that the oath proved not; and that my Lord's bonds could not be dissolved by the dissolution of the marriage.

Vol. II, Page 782.