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Scottish Court of Session Decisions >>
Creech v Walker [1624] Mor 13425 (28 February 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor3113425-029.html Cite as:
[1624] Mor 13425
Parents liable for Furnishings to their Children. - In what cases the Children liable. - Qui in funus impendit.
Creech v. Walker
Date: 28 February 1624 Case No. No 29.
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Mr Andrew Creech sought to have a bond of his of 2000 merks given to Henry Walker in Paris, reduced ex capite minorennitatis et lesionis. Excepted, That it was debursed for meat and clothes in his want. Replied, He had sufficient allowance of his father. The Lords found the exception relevant, in respect it was done abroad, and far from his friends.
Fol. Dic. v. 2. p. 320. Spottiswcod, p. 211.*** Haddington reports this case:
Mr Andrew Creech pursued Walker for reduction of a bond of 2000 merks, as given in his minority to his enorm lesion. It was excepted, That it was for furnishing of meat, cloathing, and necessaries in Paris. It was replied, That he was sufficiently furnished by his father, and that the bond was null.
The Lords, considering that honest men's bairns having spent their furnishing, and being in distress, in foreign parts, coming to factors or countrymen in their necessity, if they get furnishing out of love, the party should not be a loser, found the exception relevant.
