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Scottish Court of Session Decisions >>
Countess-Dowager of Glasgow v Janet Thermes. [1758] Mor 10099 (12 December 1758)
URL: http://www.bailii.org/scot/cases/ScotCS/1758/Mor2410099-032.html Cite as:
[1758] Mor 10099
Periculum between Mandant and Mandatary. - Postmaster, whether answerable for Money sent by Post.
Countess-Dowager of Glasgow v. Janet Thermes
Date: 12 December 1758 Case No. No 32.
Carrier breaking agreement, liable for every hazard.
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Lady Glasgow being to send some looking-glasses from Edinburgh to Glasgow, gave express orders to the carriers of them, who were employed under Janet Thermes, a carrier, to carry them upon horseback, and not in a cart; which orders were promised to be obeyed.
The carriers, however, put them upon a cart above meal. When they arrived at Glasgow, they were found to be broke.
In a process at my Lady's instance against Janet Thermes, for the value of the glasses, Janet Thermes proved, that the glasses were so insufficiently packed in the frames, that they could hardly fail to have been broke though carried on horseback.
“The Lords found Janet Thermes liable.”
Act. Miller.Alt. Ja. Dalrymple.
Fol. Dic. v. 4 . p. 59. Fac. Col. No 144. p. 261.
