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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Graham v. Arnald
Date: 31 January 1694
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Mersington reported Bailie Graham against Stephen Arnald in Roan. The Lords found his letter, bearing a mandate and commission to buy a ship, very scrimp; yet, considering the mercatorian style, they sustained it, being conjoined with Graham's proving that Arnald, in prosecution of that letter, obtained a pass to the ship [1icensing it to trade to France,) from the Marquis de Seignelay, the French secretary; because the letter bore more than a naked purpose and resolution to enter into a society trade; but was conditionally conceived, if he could procure a pass. Therefore, the Lords allowed them to prove that he sent them a pass accordingly, which was a farther ratification of the bargain; but reserved thir two points to be considered at the advising:—1mo. If Arnald's choosing Edward Marjorybanks was so personal as that he could not substitute nor assume his brother John, nor Bailie Graham. 2do. Though the trade was designed for France, yet, seeing the cargo of herrings was too long in loading, that it could not reach France before Lent, if the merchants might not, for their best advantage, change the port, and send them to Stockholm. But the mystery of Arnald's refusing to adhere to the bargain was, the cargo came to a bad market; and so he would turn over the whole loss upon them, and keep himself free on this defence, That all he wrote was but resolutions and purposes.
