What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. I.
Illiquid or conditional claims. - Rights having tractum futuri temporis. - Bygones. - Bills of Exchange. - Claims of relief. - Parapharnalia, &c.
Mungel v. Calder
Date: 11 January 1750 Case No. No 9.
A bill to a wife, bearing exclusion of the jus mariti, effectual, where it is for money that does not fall under it.
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Patrick Calder of Reidford, accepted a bill, payable to Janet Mungel, spouse to James Hastie of Boggo, in the following terms:
“Against Martinmas next, pay to me Janet Mungel, spouse to James Hastie of Boggo, or my order, secluding my husband's jus mariti, in the house of William Rannie merchant in Falkirk, the sum of twenty guineas, value in your hand received of, (signed) Janet Mungel.”
The charge on this bill was suspended on the following reasons, 1st, That it was null, not being in the ordinary form and stile of a bill, as containing an exclusion of the husband's jus mariti. 2do, The value by presumption of law, must have belonged to the husband, and it was not in the wife's power to exclude the husband's jus mariti; therefore the accepter is not bound to pay to her but to her husband, against whom the suspender had a compensation to plead.
To all which the answer was, That the bill was granted as the value of a gown, which was agreed to be given to the charger, upon the sale of certain lands by Boggo to Reidford, and which did not fall under the jus mariti, and the husband nor his creditors had no interest in it.
Which the Ordinary ‘sustained, and found the letters orderly proceeded;’ and the Lords ‘adhered.’
Fol. Dic. v. 3. p. 278. Kilkerran, (Husband and Wife.) No 17. p. 269.
