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Scottish Court of Session Decisions >>
Campbell v Scotland. [1778] Mor 13436 (28 November 1778)
URL: http://www.bailii.org/scot/cases/ScotCS/1778/Mor3113436-044.html Cite as:
[1778] Mor 13436
Recompence claimed by a Surgeon. - Tutor. - Sheriff-substitute. - Commissioner for taking Oaths. - Political Agent. - Recompense claimed from a Trustee.
Campbell v. Scotland
Date: 28 November 1778 Case No. No 44.
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Colonel Campbell employed Mr Scotland as his political agent for the purpose of carrying the burgh-election of Dunfermline in Campbell's favour; and for that purpose he gave Scotland L. 3000 Sterling, of which, as he owned, L. 800 was for Scotland's own trouble and services, and the rest was to be employed in giving entertainments to the electors, doucours, &c. After the business was over, Campbell pursued Scotland to account, who defended himself, on the the ground that the money was truly given to him to bribe the burgh, and that he had applied it accordingly; and this being turpe pactum, could produce no action. The Lords assoilzied the defender.
Fol. Dic. v. 2. p. 219. Fac. Col.
*** This case is No 72. p. 9530. voce Pactum Illicitum.
