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Scottish Court of Session Decisions >>
James Rae v Gibson and Noble. [1683] 3 Brn 447 (00 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030447-0662.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1682 and 1683.
James Rae v. Gibson and Noble
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1682. February 24.—The Lords, on a bill given in by James Rae, merchant in Glasgow, who had taken the first of November, 1682, to prove an allegeance, that he had plied the voyage, against Gibson and Noble; but, in regard the witnesses he was to adduce were seamen, now abroad, and who might come to Scotland during the ensuing long vacancy, and be gone away before the first of November next:
Therefore the Lords allowed a commission to the Commissary of Glasgow, or, to examine them any time in the vacancy, when they returned; eight
days' intimation being given by a notary to Gibson and Noble to attend their examination.
Vol. I. Page 176.
1683. January 4.—James Rae, in Glasgow, against Gibson and Noble, (as mentioned 24th Feb. 1682.) The Lords found, since the merchants had not filled the vessel with victual, that the skipper, in place of his portage, might put in a small quantity on his own account; and that this could not prejudge the merchants by underselling them and lowering the markets, he having only eight or ten bolls; and, in regard that they had maliciously put the skipper to a probation that he had plied the voyage, and that the freight was £46 sterling, they modified £4 sterling further of expenses.
Quæritur if this be over and above the penalty of the charter-party.
