BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
William Clark v John Robertson, and Others. [1783] Mor 7532 (8 August 1783)
URL: http://www.bailii.org/scot/cases/ScotCS/1783/Mor1807532-246.html Cite as:
[1783] Mor 7532
Action, on a policy of insurance, not competent before the Court of Session, in the first instance.
Click here to view a pdf copy of this documet : PDF Copy
An action founded on a policy of insurance, was brought before the Court of Session, in the first instance, by Clark, the insured, against Robertson, and certain other persons, underwriters.
A doubt concerning the competency of the jurisdiction, having occurred, both parties declared their readiness to prorogate it; and referred to the case of Ritchie contra Wilson and Company, determined July 5. 1780, No 244. p. 7527.
The Lord Ordinary reported the point to the Court; and, in consequence of the opinion delivered by their Lordships,
“Found, that the case was maritime, and therefore that it could not, in the first instance, proceed before this Court; and therefore dismissed the action.”
Lord Ordinary, Kennet.Act. Morthland.Alt. Solicitor-General, Campbell.
Fol. Dic. v. 3. p. 352. Fac. Col. No 119. p. 187.
