Urquhart v Urquhart's Trustee
| Jurisdiction | Scotland |
| Judgment Date | 28 October 1905 |
| Date | 28 October 1905 |
| Docket Number | No. 6. |
| Court | Court of Session |
Lord Justice-Clerk, Lord Kyllachy, Lord Low.
Master and ServantParent and ChildImplied ContractPresumptionDaughterWages.
A general merchant in the country was for seven years assisted in his business by his daughter, who acted as manager of a dressmaking department. During this time she received board and lodging and about 5 a year for clothing and pocket money, but no wages. Nothing was said about wages. When she began to assist her father she was of age and had already been earning wages for herself. At the end of the seven years the father granted a trust-deed for behoof of his creditors. Some weeks afterwards the daughter made a claim for wages against the trustee.
In an action subsequently brought by the daughter against the trustee, in which the above facts were proved, held that in these circumstances the pursuer had no claim for wages against her father at the date of the trust-deed, and that his estate was not liable therefor.
Observations as to the presumption with regard to wages arising in cases between parent and child.
Anderson v. HalleyUNK, 9 D. 1222, commented on.
Ann Urquhart, milliner and dressmaker, Strichen, Aberdeenshire, brought an action in the Sheriff Court at Peterhead against her father, William Urquhart, formerly merchant, Strichen, and also against Thomas William Fairweather, merchant, Mintlaw, trustee under a trust-deed granted by William Urquhart for behoof of his creditors, dated 29th March 1904. The pursuer claimed wages at the rate of 1 per week for services rendered by her to her father in his shop as dressmaker, milliner, and shopwoman, and also wages at the rate of 12 per annum for services as housekeeper. She ultimately restricted her claim to wages for three years.
The pursuer pleaded;The pursuer having rendered the various services to the defender on the footing of due and adequate payment therefor, and the amount sued for being due, decree should be pronounced as craved.
Defences were lodged by the defender, the trustee under the trust-deed, who denied that any wages were due to the pursuer, and averred that there was no agreement for wages between the pursuer and her father, and that it was never within the contemplation of parties that pursuer should be entitled to wages.
Proof was allowed and led.
The following narrative of the facts is taken in substance from the note of the Sheriff-substitute (Robertson):William Urquhart, the pursuer's father, was originally a gardener at Pittenweem, in Fife-shire. About seven or eight years before this action was brought his wife succeeded to some money, and he bought a house and business as general merchant in Strichen. At that time the pursuer, who was then twenty-one or twenty-two, and an elder sister were both working as dressmakersthe pursuer, as an improver, earning 7s. 6d. a week. When their father removed to Strichen the whole family, including the two daughters, went with him. The business among other branches included millinery and dressmaking. The pursuer...
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