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James Butchart and Others, Owners of the Ship Owner's Good Will of Aberbrothick, v Alexander Mudie and John Renny, Trustees for the Creditors of the deceased Charles Kenny, Master of said Ship. [1781] Mor 11113 (13 June 1781)
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[1781] Mor 11113
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[1781] Mor 11113
Subject_1 PRESCRIPTION. Subject_2 DIVISION IX.
Triennial Prescription.
Subject_3 SECT. IV.
Triennial Prescription of Accounts, Act 1579. c. 83.
James Butchart and Others, Owners of the Ship Owner's Good Will of Aberbrothick, v. Alexander Mudie and John Renny, Trustees for the Creditors of the deceased Charles Kenny, Master of said Ship
Date: 13 June 1781 Case No. No 318.
Act 1579, cap. 83, does not apply to accounts between the master of a ship and its owners.
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Charles Kenny, master of the ship called Owner's Good Will, being shipwrecked on the coast of Norway in 1773, he himself, and all his papers were lost. Trustees were appointed by his creditors; and the pursuers claimed to be ranked upon his funds for their share of the freights earned by the ship, from April 1768, the date of their last clearance.
The triennial prescription, established by act 1579, was pleaded, inter alia, by the defenders, and the Lord Ordinary sustained it as a good defence; but, upon a reclaiming petition, the Lords remitted the cause to the Ordinary; and the same having been again brought before them by report, they
“Repelled the defence of prescription.”
A reclaiming petition was refused without answers.
The Court considered this as of the nature of an action against a factor, or negotiorum gestor, which could only be cut off by the long prescription.
Lord Ordinary, Justice-Clerk.Act. John Ramsay.Alt. W. Nairne.
Fol. Dic. v. 4. p. 106. Fac. Col. No 54. p. 94.
