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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Stoddart v M'Quan, Beck, and Company. [1779] 5 Brn 533 (28 July 1779) URL: http://www.bailii.org/scot/cases/ScotCS/1779/Brn050533-0582.html Cite as: [1779] 5 Brn 533 |
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[1779] 5 Brn 533
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 SMUGGLING CONTRACT.
Date: Thomas Stoddart
v.
M'Quan, Beck, and Company
28 July 1779 Click here to view a pdf copy of this documet : PDF Copy
Thomas Stoddart, writer in Dumfries, against M'Quan, Beck, and Company, merchants in Kirkcudbright. By agreement between this company and Currie, Park, and Company, merchants in Nantz, a cargo of tea, &c. was to be shipped at Nantz and landed in Scotland,—and Park and Company were to have a share in the profit. At accounting, M'Quan, Beck, and Company granted bill for a balance, which came by indorsation to Stoddart, as trustee for them. In an action at his instance for payment of the bill, “The Lords, in respect the bill was granted in implement of a smuggling contract and adventure, in which Messrs Currie, &c. were concerned, found, That no action lay upon the bill, therefore they assoilyied.”
In this case the favour of the foreign merchant was taken off by their being partners in the struggling adventure.
The electronic version of the text was provided by the Scottish Council of Law Reporting
