Parents liable for Furnishings to their Children. - In what cases the Children liable. - Qui in funus impendit.
Snodgrass v. Crawford
1732.
November. Case No. No 36.
Who liable for mournings.
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In an action pursued against an apparent heir, brother to a defunct, by a merchant who furnished mournings to the defunct's family, and to the defender in particular, though without any alleged order from him, the Lords found the defender liable; though it was pleaded for him, That qui in funus impendit, videtur contraxisse cum defuncto, and therefore the defunct's representatives are the persons who ought to be made liable, who in this case was the executor, the defender, apparent heir, no way representing his brother; that the mournings were truly in rem versum defuncti, as a part of the funeral expenses, as much as mournings furnished to servants; which was alleged to be the custom of all civilized nations, and of our neighbours in England in particular. See Appendix.
