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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nisbet's Creditors v Robertson. [1791] Mor 9554 (00 January 1791)
URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor2309554-089.html
Cite as: [1791] Mor 9554

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[1791] Mor 9554      

Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. XIII.

Smuggling.

Nisbet's Creditors
v.
Robertson

1791. January.
Case No. No 89.

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An heritable bond was granted for the price of smuggled goods by a merchant in Scotland to his correspondent in Holland, who was accessory to the importation; the bond was assigned for value to a third person, who took infeftment on it. On the bankruptcy of the debtor in the bond, the trustee for his creditors brought reduction of the security on the score of its being pactum illicitum, and the Lords reduced it accordingly. See Appendix.

Fol. Dic. v. 4. p. 33.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor2309554-089.html