Triennial Prescription of Accounts, Act 1579. c. 83.
Drummond v. Stewart
Date: 19 February 1740 Case No. No 309.
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In an action for payment of an account of debursements laid out about 30 years ago by the pursuer, upon his friend's affairs as negotiorum gestor, the question was, whether this fell under the general words in the act 83d, Parl. 6th, Ja. VI introducing the triennial prescription, “other like debts not constitute by writ;” upon which the Court was much divided, insomuch, that upon advising a petition against the Ordinary's interlocutor sustaining the prescription, of eleven Lords then present, besides the President, five voted for altering the interlocutor, three for adhering to it, and three were non liquet.
But upon advising the petition against this interlocutor, the Lords by a much greater plurality, “adhered to their former interlocutor,” upon this ground, that by other like debts was to be understood other debts of the like nature with those particularly expressed in the statute; and as all the particulars expressed in the statute were reducible to sale or location, the same were not to be extended to negotiorum gestio.
Kilkerran, (Prescription.) No 7. p. 418.
*** Clerk Home's report of this case is No 71. p. 5858.; voce Husband and Wife.
