1901
A DISPUTED ACCOUNT. For some time action has been pending in the Debts’ Recovery Court of Berwickshire, at Duns, at the instance of John Martin and Co., manufacturers, Cellardyke, against William Paterson, fisherman, Eyemouth. Pursuers sued the defender for £16 6s 9d, being balance of an account for goods supplied. The defender pleaded that he was not the debtor in the account, the business being his wife’s, for which he was not responsible. Sheriff Dundas gave judgment against the defender, who appealed the Sheriff Principal. His Lordship heard the agents in the appeal at Duns, and allowed the defender to lodge any accounts or receipts granted by the pursuers in name of Mrs Paterson, and made avizandum of the case. He has now pronounced the following interlocutor : Melrose, 27th September, 1901.—The Sheriff having considered the whole cause: Recalls the judgment of the Sheriff Substitute of 15th August last: Finds that the defender and his wife were married on 1st July, 1887: Finds that his wife, after the marriage, took over shop business in Eyemouth which had been previously carried on by her mother: Finds that the pursuers in their dealings with the defender’s wife in the s hop business during the currency of this account, beginning in October, 1894, invoiced their goods to her and took payments from her in her own name: Finds that upon her lately negotiating with her creditors for a settlement composition, the pursuers sent the account now sued for in her name, but, being dissatisfied with the composition offered, they now seek recourse against tae defender as the true principal in the shop business : Finds that though they have proved the defender, who is a fisherman, to be the tenant the premises, part which is used for the shop, they have not proved that the business was carried on by him or by his authority as principal but on the contrary it appears on the evidence to have been carried on by his wife on her own account, and as separate venture of her own: Finds in law upon these facts that the defender is not liable in the account sued for, and Assoilzies him accordingly: Finds the pursuers liable to the defender in expenses, which modifies to One Pound ten shillings stg., and decerns therefor against the pursuers. (Signed) R. VARY CAMPBELL.
Note. I cannot say that the evidence is clear satisfactory; and I must be understood ac proceeding, in this particular case, upon the facts brought before me by the parties, who, on being asked, did not desire re-open the proofs. When man and his wife, as here, are living together in the same house, she is agent for him as to all household expenses. But the account sued for is not of this class and I cannot agree with the Sheriff Substitute that the Acts of 1877 and 1881 have produced no change in the legal position husband and wife directly affecting a claim such as this. The wife is now free to carry on business for herself and on her own account; and no creditor is entitled to assume without enquiry and as matter of course, that the husband is liable for her business debts. The fact that her shop was in premises let in the husband’s name would not be conclusive that the business was his, in the case, say, of a washerwoman or dressmaker. Here, no doubt, the general store business the wife is not specially feminine; and the tenancy by the husband raises a certain presumption against him, but I think the presumption is removed by the sufficient proof that the course of dealing between the pursuers and the defender’s wife was throughout in her name. It was only after she got into difficulties that the present attempt was made to make the husband liable as the true principal with the wife as agent. I think the pursuers have to prove this relation between the spouses in business as in any other case of recourse upon some other than the person with whom they all along dealt. They have failed, in my opinion, to do so; and I believe on the facts before me. that the wife continued and carried on her mother’s business as a separate venture of her own, on her own responsibility, under the statutes relating to married women and their property. (Intd.) R.V.C.
Agents: For the pursuers and respondents, Mr Penton, solicitor, Stirling; for the defender and appellant, Mr C. Ewart, solicitor, Eyemouth.
At Macalpine’s Temperance Hotel. Road, Edinburgh, 26th ult., Rev. A. G Macalpine, Chalmers Memorial Church. Anstruther, assisted by Rev. John Bruce. Pietermaritzburg (uncle of the bride), James Bruce, law clerk, Cellardyke, to Jessie Martin, eldest daughter of James Leslie, manufacturer, Cellardyke.
1902
There was launched from the building yard of Mr James Miller on Wednesday, a first class fishing boat. The launch was successfully accomplished about high water. The craft was built on spec and is over 68 feet in length. As she lay in the yard her fine model and other qualities attracted attention and eventually she was sold to Mr David Davidson, a Cellardyke Skipper. She is to be fitted up with all modern appliances, and will be available for all branches of the fishing, she is to be named the Sceptre and will shortly be taken to Anstruther. Probably her first trip will be to the winter herring fishing.
There was also successfully launched from the building ground of Mr John Robertson, at the West Pier, a boat of the same class (first Class), built to the order of Mr Thomas Smith Cellardyke. She is 67 feet in length, and is a splendid model. She is named the Harvest Home, is to be fitted up in the same style, and when ready her first trip will be to the herring fishing in England.
DEATH OF A SCOTTISH FISHERMAN AT SCARBOROUGH. Andrew Reid. fisherman, Cellardyke, Fife- shire, died at Scarborough last week. The body was removed to Scotland on Monday. A collection taken for the parents amounted to £23
Upwards of a score of young women from Cellardyke and Pittenweem left last Friday night for Yarmouth with the 7.7 p in. train. Half a dozen special trains from Aberdeen, Peterhead, Wick, and Fraserburgh arrived at Yarmouth on Saturday, bringing Highland girls for the herring fishery. The girls numbered about 3,000, the 600 mile journey from the North occupying from 14 to 16 hours. Three hundred Scotch boats have also arrived, the crews totalling 2,000. The 5.000 Scots will find occupation for about eight weeks.
1903
DRINK DID IT.—Before Baillie Wilson and Dalzell at a Burgh Court on Monday, William McLeod, labourer, pled not guilty to the charge of a breach of the peace committed in his mother’s house in Haddfoot Wynd. Evidence was led John McLeod, Cellardyke, said that at ten o’clock his brother was in the house drunk, and very noisy. He threatened his mother, and said he would put him out. Accused sent for the police to apprehend the witness, but when they came his mother asked them to remove accused, as she was frightened for him. Annie McLeod said there was a disturbance on Saturday night in the house. Accused sent for the policemen, and when they came, the old woman asked them to take him away. Janet McLeod corroborated, and the Fiscal said although his most important witness was not able to come, he had led sufficient evidence. Accused had no witnesses but called the sergeant, who said McLeod was under the influence of drink when he came asking them to apprehend John McLeod. When he got to the house, he found it was the accused who had been creating the disturbance. The Fiscal urged the magistrates that unless McLeod promised to behave himself in future they should put him under a caution to keep the peace for months Accused said he was going out of the place altogether. The bench imposed a fine of 10s or 7 days’ imprisonment.
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