The British Lines Company against George Harley Drummond, Esquire
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1830 |
| Date | 01 January 1830 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 683
IN THE COURT OF KING'S BENCH.
s. C. 9 L. J. K. B. O. S. 213.
the british linen company against george harley drummond, esquire. 1830. In an action of debt, it was averred, that before the making of the instrument and obligation thereinafter mentioned, the plaintiffs carried on business in Scotland, and that one A. B. and the defendant were resident and domiciled 684 THE BEITISH LINEN COMPANY V. DRUMMOND 10B. &C.904- therein : and that by a certain instrument and obligation in writing, (which was set out,) the said A. B. and the defendant became bound, and obliged themselves conjointly and severally to pay to the plaintiffs the sum of 4001. sterling. It was then averred, that by the law of Scotland at the time of making such instrument and thence hitherto in force, the time for bringing any suit or instituting any legal proceeding by the plaintiffs against the defendant upon the instrument, and the cause and right of action accruing thereon, had not yet elapsed, that is to say, by virtue of the said law, the plaintiffs had the right and privilege of suing and bringing any action thereon, at any time within forty years from the time of making and signing the bond. Plea, that the cause of action did not accrue within six years : Held, upon demurrer, that the plea was an answer to the action. [S. C. 9 L. J. K. B. 0. S. 213.] Declaration stated that before and at the time of making the instrument and obligation thereinafter mentioned, the British Linen Company carried on business in Scotland, and one James M'Culloch and the defendant were resident and domiciled therein, to wit, at, &c., and thereupon on the 18th September 1823, in Scotland, to wit, at, &c., by a certain instrument and obliga-[904]-tion in writing there to wit, in Scotland aforesaid, made and signed by the defendant as thereinafter mentioned and expressed, and which said last-mentioned instrument and obligation in writing the company brought into Court, the date whereof was the day and year last aforesaid. The instrument was then set forth, and after reciting that a court of directors of the company had agreed to allow James M'Culloeh and the defendant a credit upon an account current, to be kept in the books of the company in the name of James M'Culloch to the amount of 4001. sterling; upon their granting the last-mentioned obligation, therefore, the said James M'Culloch and defendant thereby bound and obliged themselves conjointly and severally, their heirs, executors, and successors whatsoever to content and pay the company the said sum of 4001. sterling, or such part or parts thereof as the said James M'Culloch should draw out value for, or be due to the company, by orders or drafts on the company, &c. &c. The declaration, after stating the mode in which the bond was executed, averred, that by virtue of the law and customs of Scotland aforesaid, then and at the time of making such instrument, and thence hitherto in force, the time for bringing any suit or instituting any legal proceeding by the company against the defendant upon and in respect of the said last-mentioned instrument, and the cause and right of action accruing thereon had not yet elapsed, that is to say, by virtue of the said law and customs, the said company had the right and privilege of suing and bringing any action thereon at any time within divers, to wit, forty years from the time of making and signing the same as aforesaid. It was then stated that the company, by virtue of the instrument and obligation last aforesaid, at the re-[905]-quest of the defendant, gave and allowed credit to the said James M'Culloeh and the defendant, upon an account current, kept in the books of the company in the name of the said James M'Culloeh, to the amount of 4001., and that that credit had expired, and that there was due to the company 2281. as a balance; that M'Culloeh died insolvent; that in...
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