United Kingdom House of Lords Decisions

Murdoch, a writer in Ayr, raised an action, before the Sheriff of Ayrshire, against Noble, Morris, Murray, and Mary M'Lean, widow of Bryan, an inn-keeper in Kilmarnock, (who had died bankrupt, and as to whose estate and effects she had along with these individuals entered into an arrangement with Bryan's creditors,) concluding against them, jointly and severally, for payment of L.249, 6s. 9d. said to have been incurred under the professional employment of these defenders. Murdoch relied on a mandate bearing,—“ Kilmarnock, 9 th August, 1819.—As it is necessary that the compositions due on the debts of the late John Bryan be immediately discharged, and money borrowed on the property to do this, we hereby authorize Alexander Murdoch, writer in Ayr, to take measures accordingly; and to borrow money on the security of the house at Kilmarnock, and to act therein as our agent. We are, (Signed) John Murray, William Noble, Archibald Morris, Mary + Bryan, her mark.” He further alleged, that the defender, Mary Bryan, subsequently attended one of the meetings along with him, when a dividend was paid to the creditors. Murray, Noble, and Morris, made no appearance; but Bryan contended that truly Murdoch was their, not her agent; that he was co-operating with them in a scheme to defeat her just rights; that she never had adhibited her mark to the mandate; and that the pursuer was bound to prove she had, if he meant to rely on it as evidence; that the pursuer did not borrow money over the house, or take any steps for that purpose; that she had attended the meeting to endeavour to bring the creditors to easier terms; and that the other defenders, in their pleadings in another matter, arising out of the arrangement with the creditors, took credit for this very account. The Sheriff decerned against the defenders. The Lord Ordinary on the bills refused two bills of advocation; and a reclaiming petition to the Court was refused on the 23d November, 1824, without answers. ^*