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John Hall and the Procurator-Fiscal of the Sheriff-Court of Roxburghshire, v John Billerwell. [1787] Mor 9573 (12 July 1787)
URL: http://www.bailii.org/scot/cases/ScotCS/1787/Mor2309573-103.html Cite as:
[1787] Mor 9573
Turpis causa. - Sale to a White Bonnet at a Roup. - Obligation not to oppose reduction of a Verdict of Fatuity. - Transacting a Crime. - Transacting Church Penance. - British Subject purchasing a Captured British Ship. - Combination of Offerers at a Sale. - Combination to raise the rate of Wages. - Combination against receiving Money of a particular Coinage. - Pactum contra utilitatem.
John Hall and the Procurator-Fiscal of the Sheriff-Court of Roxburghshire, v. John Billerwell
Date: 12 July 1787 Case No. No 103.
Combination against receiving money of a particular coinage, illegal.
Click here to view a pdf copy of this documet : PDF Copy
Billerwell, a shopkeeper, and other traders in the town of Jedburgh, entered into a combination, by which they agreed to refuse the accepting of such halfpence as were of the coinage of the present King. The reason assigned for this resolution was, that there were then great numbers of counterfeits of that coin in circulation, which it was extremely difficult to distinguish from the genuine halfpence.
Hall having proffered to Billerwell, for some of the articles in his shop, several pieces, bearing the impression of the halfpence of his present Majesty, the latter rejected them with disdain; upon which Hall, with the concurrence of the procurator-fiscal, applied by petition to the Sheriff, complaining of the above-mentioned combination, and of this incident, which was the consequence of it; and praying, that Billerwell might be found liable in damages to him, and in a fine to the public.
The cause was brought under the review of the Court; when, after inspection made by the officers of his Majesty's mint, of the halfpence in question, and a report given by them, bearing, “That though they had good reason to believe the halfpence to be genuine coins, yet their appearance was not without suspicion.”
The Lord Ordinary assoilzied the defender.
The pursuers having reclaimed against this interlocutor,
The Court “adhered to it, so far as respected Hall, the private pursuer; but found the combination entered into by the respondent, not to receive in payments the copper coin of his present Majesty, George III. was improper and illegal; therefore fined and amerciated him in the sum of L. 5 Sterling to the poor of the parish of Jedburgh; and farther found him liable in such expenses as the procurator-fiscal should depone he laid out previous to the date of this interlocutor.”
Lord Ordinary, Swinton.Act. G. Fergusson.Alt. Maconochie.Clerk, Home.
Fol. Dic. v. 4. p. 36. Fac. Col. No 338. p. 519.
