A Scotsman named Daniel Morgan went to London and purchased goods on credit from John Boog, a merchant. Morgan then departed for India as steward on an East India ship, leaving his wife Margaret Watt in Dundee. Morgan died during the outward passage, and Boog eventually sought payment from Watt. Watt argued in court that Boog’s claim was barred by the “triennial prescription,” a statute of limitations, but Boog secured a “decree in absence” after Watt exhausted her ability to pay for a legal defense. Other creditors of Watt initiated a ranking and sale of her heritable property. In that proceeding, the common agent renewed the defense of prescription against Boog’s claim. Boog answered that English law—which had no triennial prescription—should apply because Morgan never returned to Scotland.
People involved
- John Boog — Pursuer
- William Walker — Trustee/Tutor/Representative for Pursuer
- Claud Irvine Boswell, of Balmuto, Lord Balmuto — Lord Ordinary
- James Buchan, W.S. — Agent
- M. Clk. — Clerk
- Ro. Semple — Advocate for Pursuer
- Geo. Andrew — Agent
- David Williamson Robertson Ewart, of Balgray — Advocate for Defender
- Margaret Watt — Named in case documents
- George Grieve — Named in case documents
- Daniel Morgan — Named in case documents
A Scotsman named Daniel Morgan went to London and purchased goods on credit from John Boog, a merchant. Morgan then departed for India as steward on an East India ship, leaving his wife Margaret Watt in Dundee. Morgan died during the outward passage, and Boog eventually sought payment from Watt. Watt argued in court that Boog’s claim was barred by the “triennial prescription,” a statute of limitations, but Boog secured a “decree in absence” after Watt exhausted her ability to pay for a legal defense. Other creditors of Watt initiated a ranking and sale of her heritable property. In that proceeding, the common agent renewed the defense of prescription against Boog’s claim. Boog answered that English law—which had no triennial prescription—should apply because Morgan never returned to Scotland.
Published Reports
Locations
Session Papers
Repository & Extent
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