Scottish Court of Session Decisions

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Cite as: [1871] ScotLR 8_334, [1871] SLR 8_334

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SCOTTISH_SLR_Court_of_Session

Page: 334↓

Court of Session Inner House Second Division.

Wednesday, February 1. 1871.

8 SLR 334

Murdoch

v.

Honeyman.

Subject_1Partnership
Subject_2Proof.

Facts:

Circumstances in which held that the evidence of a partner himself, with slight confirmation from his mother and his brother, was not sufficient to prove the existence of the partnership.

Headnote:

This was an action at the instance of “The Copartnery or Firm of Alexander Murdoch, builders, Wishaw” against James B. Honeyman, concluding for payment of certain accounts.

The Sheriff-Substitute ( Spens) inter alia “found it instructed by the proof that at the date of the work done, for which said second account, amounting to £16, 10s. 9 1 2 d., was rendered, the said Alexander Murdoch jun. was in partnership with his father, Alexander Murdoch senior, and was carrying on business with him jointly, as builders in Wishaw.

The Sheriff ( Bell) adhered.

The defender appealed.

H. J. Moncreiff for him.

Orr Paterson for respondents.

Judgment:

Lord Justice-Clerk —The question is, whether the partnership has been proved so as to enable the parties to obtain a valid discharge. The evidence of partnership rests merely on the testimony of the party alleging it, with some slight confirmation from his mother and brother. Do doubt the son discharged some accounts by signing “Alexander Murdoch,” but, as this was his own name, it raises no presumption of partnership. There is no entry in the books to show any partnership. This is a jury question, and we cannot admit the proof as sufficient to establish the partnership.

The other Judges concurred.

Solicitors: Agents for Pursuer— Keegan & Welsh, S.S.C.

Agent for Defender— Alexander Morison, S.S.C.

1871

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