Gibson v Anderson
| Jurisdiction | Scotland |
| Judgment Date | 21 July 1846 |
| Docket Number | No. 1 |
| Date | 21 July 1846 |
| Year | 1846 |
| Court | Court of Session (Inner House - First Division) |
Jury Cause. Lord President.
Reparation—Wrongous Apprehension and Imprisonment.—
Proof.—
THIS was an action for damages for alleged wrongous apprehension and imprisonment, in which Charles Gibson, blacksmith, Stoneykirk, Wigton, was pursuer, and James Andrew Anderson, manager for the Union Bank of Scotland, was defender.
The following issue was sent to trial:—
‘Whether, on or about the 18th day of April 1844, the defender, as manager of the Union Bank of Scotland, and acting for behoof of the said bank, wrongfully apprehended and imprisoned the pursuer, or caused him to be apprehended and imprisoned in the prison of Stranraer, and wrongfully caused him to be detained therein from the said 18th day of April, till the 3d day of May thereafter, or during any part of the said period, to the loss, injury, and damage of the pursuer?
Damages laid at £500.’
A jury having been impanelled, Inglia stated the case for the pursuer.
The pursuer, along with James Gordon and Alexander Patterson, had granted a promissory-note to the defender for £110. The note fell due, and was protested for non-payment. The protest was recorded, and Patterson and the pursuer were charged on the Sheriff's precept, following on the protest, but Gordon was not. The parties thereupon contributed each £5 towards payment of the debt, which reduced the sum due to £95, exclusive of interest. This balance was subsequently paid by Gordon, along with £2:13: 10 of expenses.
Gordon, instead of taking an assignation to the bill, protest, and diligence, obtained the consent of Anderson to enforce his (Gordon's) relief against his co-obligants, in his (Anderson's) name. Accordingly the pursuer was apprehended and imprisoned, nominally at the instance of Anderson; and his ground of action was, that the imprisonment was made for non-payment of the whole sum of £95, for £l: 5: 3 of interest, and £2: 13: 10 of expenses, while he was liable only in a proportion of the principal sum; and there was no warrant at all for imprisonment on account of interest and expenses. The pursuer remained in prison from 18th April till 3d May.
The defender denied that the imprisonment was made for more than £32, the sum really due by the pursuer; and in regard to this point of fact evidence was led.
James Muirhead, the jailer at Stranraer, deponed, That the pursuer was imprisoned on the diligence for the full sum of £98:19: 1, and that there...
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