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Scottish Court of Session Decisions >>
Edward Gillespie v Hugh Inglis. [1682] 3 Brn 419 (7 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030419-0601.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Edward Gillespie v. Hugh Inglis
Date: 7 January 1682
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Edward Gillespie's charge against Hugh Inglis, merchant, being this day advised, the Lords found, by the probation, that the skipper, Edward's cedent, had 600 deals on board; whereas to the skipper's portage, in the custom of merchants, there is no more allowed but what the cabin, the bed-rooms, and the deck, will hold or stow: and therefore allowed compensation for those deals except what the skipper should yet prove a ship of that burden might hold and contain of deals in these places above mentioned. But these deals being the skipper's own, the merchant who freighted the whole ship can only claim his damage and interest, or lucrum cessans, through his not having the whole loading, which is the freight and profit might be made of these deals.
The words of the interlocutor, at it was minuted by the clerk, run thus:—The Lords find, by the probation adduced, that the skipper, when he is obliged by his charter-party to bring home a full loading of timber, by the mer-catorian custom his only privilege of portage is in the cabin, and where his men's beds are, and above deck; and allow the charger to prove how many deals a ship of 120 tons (which is the burden of this ship,) may contain in the foresaid parts thereof; and, in the mean time, continue the advising of the cause.
