Mcit. James Scrimgeour and Son, Merchants in
[Lord P i t f o u r Reporter.]
TV 1VJ.
r:
July 18. 1770.
M O F O R
Mcit. James Scrimgeour and Son, Merchants in Horrowficunnefs, Purfuers, A G A I N S T
William Alexander and Sons, Merchants in Edinburg! Defenders. N are 1765, William Alexander and Sons bad occaficn, in the courfe of their trade, to freights fhip from the frith of Forth to the iiland of Granada in the Weft Indies, or to Virginia or Ma ryland ; but to which of thefe places, they had not then fully refclved on. Ffowever, the purfuers agreed to freight them their fhip the Duke of Athol, then lying at Borrowftounnefs, either of the voyages before mentioned ; but on this condition, That they fhould in a fhort time determine which of the voyages the fhip was to go. And in confequence of this communing and agreement, the defenders wrote a letter to the purfuers, of the foil wing tenor. “ Edinburgh, by Captain Laurence Brown, of the Alexander, who comes to London, that we arrived here the 8th inftant, after a a paifage of'nine weeks. We are difeharging as faft as poffible, to (c get clear for failing. r But in place of proceeding upon her determined voyage from Granada to London, Alexander John Alexander, one of the Tons and partners in the company of William Alexander and Sons, to whom the (Lip was cofifigned, prevailed with Captain Dick, the matter, to fail -or Carolina. But as this was contrary to the Captain's inflections from
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from the purfuers, he at firft refufed to fail the lhrp for Carolina. Up on wh'ch the faid Alexander John Alexander, in order to remove any fcruples the mafter had upon that head, wrote the Captain the follow ing letter, by way of anfwer to one wrote him by the Captain, ci ‘J'i'voly, in this ijland oj Circinada, \6th /dugufl 1^65. ■-' > 1 am f as the
^ Up° n the iWP- a*
The judge pronounced the following interlocutor « H S adv,‘ fce-ncTgnce of the number o f fuch paffengers, with certification ; And finds, That the purfuers are not intitled to any freight for faid (lip, from t ,e frith of Edinburgh to the illand of Granada: And finds, That the purfuers. are intitled to the common and ordinary freight of faid fhip, from the time of her failing from the ifland of Granada in the Weft Jndies, to Cape Fear in North Carolina, and from thence to Leith, where (lie unloaded ; with two thirds portcharges upon the w'hole voyage, from the frith of Edinburgh until the faid drip’s return to Leith : And allows the purfuers to prove, what is the burden of faid /hip, and what was the ordinary and common freight o f a flip of fuch burden, in the harvefl and winter months of the year 1765, in a voyage from the ifland o f Granada toCape Fear in North Carolina, and from thence to Leith, and what was a rcafonable freight at that time for a flrip of her burden in fuch a voyage; confideration being always had to this, that faid flip earned no freight in her going out from the frith of Edinburgh to the ifland of Granada; as to all which, allows the defenders a conjunct probation ; and ordains the purfuers, againft the 3d day of the next month, to give in a particular account of the port charges, with certification : And as to the purfuers claim of demurrage, finds, That the defenders are intitled to feventy free lie-days at Granada and CapeFear, upon the whole, without payment of any demurrage; and finds, That the purfuers are intitled to the fum of L. 2, 2 s. Sterling per day, of demurrage, for each day that the faid fhip was, upon the whole, detained at the ifland of Granada and Cape Fear, by the fault of the defenders, or their correfpondent’s, not loading the faid (hip, or otherwife, and that over and above the feventy lie-days j and allows to the purfuers a proof of the number of thole days ; as to which, allows to the defenders a conjundl probation : But finds, That the purfuers are not intitled to any demurrage for the time that was taken up in failing, &c. from the ifland of Granada to Cape Fear, that is, for the time that intervened between the time of the (hip’s departure from the ifland of Granada, until her arrival at Cape Fear in North Carolina : As alfo finds, That the purfuers are not intitled to any demurrage for the time the drip was detained at Cape Fear for want of clearances, occafioned by the American ftamp-adt; and ordains the purfuers, againft the 3d of next month, to give in a condefcendence of the number of days faid fhip did lie at the ifland of Granada, and tire number of days faid fhip did lie at Cape Fear, and was detained through the 13 “ fault
(
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fault of the defenders correfpondent, with certification: And as to C the defenders their defence and claim, founded on the faid fhin’s cc not failing fooner than file did from the frith of Edinburgh, repels CC the faid defence and claim ; and afiigns to either party the 3d dav of > The defenders afterwards gave in a condefcendence of their proof in the following words. “ imo, The fhip the Duke of Athol, as ap' reParation obtained not been equal to their expeditions, yet at lea ft they were now to get tree of all further litigation relative to t h i s T o y a i late as the 6th o f July t 77o, the defenders were p l e T w ' t o o f c a S other reprefentation, reciting the interlocutors lately pronounced by
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)
by the Lord Ordinary, and fetting forth, “ That during laft va“ cation the procefs was put into Mr Alexander’s hands, in order “ to his taking the proper meafures to bring a proof: That M r “ Alexander being much engaged in bufmefs, and hurried with a “ multiplicity of other affairs, did nor, with his uf'ual attention, “ examine the flate in which this procefs flood, but fell into the “ miftake, that your Lordfhip’s interlocutor did no more than al“ low the Mefl'. Scrimgeours freight for 166 tuns for the acciden“ tal run between Granada and Cape Fear in Carolina; but did
TV 1VJ.
r:
July 18. 1770.
M O F O R
Mcit. James Scrimgeour and Son, Merchants in Horrowficunnefs, Purfuers, A G A I N S T
William Alexander and Sons, Merchants in Edinburg! Defenders. N are 1765, William Alexander and Sons bad occaficn, in the courfe of their trade, to freights fhip from the frith of Forth to the iiland of Granada in the Weft Indies, or to Virginia or Ma ryland ; but to which of thefe places, they had not then fully refclved on. Ffowever, the purfuers agreed to freight them their fhip the Duke of Athol, then lying at Borrowftounnefs, either of the voyages before mentioned ; but on this condition, That they fhould in a fhort time determine which of the voyages the fhip was to go. And in confequence of this communing and agreement, the defenders wrote a letter to the purfuers, of the foil wing tenor. “ Edinburgh, by Captain Laurence Brown, of the Alexander, who comes to London, that we arrived here the 8th inftant, after a a paifage of'nine weeks. We are difeharging as faft as poffible, to (c get clear for failing. r But in place of proceeding upon her determined voyage from Granada to London, Alexander John Alexander, one of the Tons and partners in the company of William Alexander and Sons, to whom the (Lip was cofifigned, prevailed with Captain Dick, the matter, to fail -or Carolina. But as this was contrary to the Captain's inflections from
C
3 )
from the purfuers, he at firft refufed to fail the lhrp for Carolina. Up on wh'ch the faid Alexander John Alexander, in order to remove any fcruples the mafter had upon that head, wrote the Captain the follow ing letter, by way of anfwer to one wrote him by the Captain, ci ‘J'i'voly, in this ijland oj Circinada, \6th /dugufl 1^65. ■-' > 1 am f as the
^ Up° n the iWP- a*
The judge pronounced the following interlocutor « H S adv,‘ fce-ncTgnce of the number o f fuch paffengers, with certification ; And finds, That the purfuers are not intitled to any freight for faid (lip, from t ,e frith of Edinburgh to the illand of Granada: And finds, That the purfuers. are intitled to the common and ordinary freight of faid fhip, from the time of her failing from the ifland of Granada in the Weft Jndies, to Cape Fear in North Carolina, and from thence to Leith, where (lie unloaded ; with two thirds portcharges upon the w'hole voyage, from the frith of Edinburgh until the faid drip’s return to Leith : And allows the purfuers to prove, what is the burden of faid /hip, and what was the ordinary and common freight o f a flip of fuch burden, in the harvefl and winter months of the year 1765, in a voyage from the ifland o f Granada toCape Fear in North Carolina, and from thence to Leith, and what was a rcafonable freight at that time for a flrip of her burden in fuch a voyage; confideration being always had to this, that faid flip earned no freight in her going out from the frith of Edinburgh to the ifland of Granada; as to all which, allows the defenders a conjunct probation ; and ordains the purfuers, againft the 3d day of the next month, to give in a particular account of the port charges, with certification : And as to the purfuers claim of demurrage, finds, That the defenders are intitled to feventy free lie-days at Granada and CapeFear, upon the whole, without payment of any demurrage; and finds, That the purfuers are intitled to the fum of L. 2, 2 s. Sterling per day, of demurrage, for each day that the faid fhip was, upon the whole, detained at the ifland of Granada and Cape Fear, by the fault of the defenders, or their correfpondent’s, not loading the faid (hip, or otherwife, and that over and above the feventy lie-days j and allows to the purfuers a proof of the number of thole days ; as to which, allows to the defenders a conjundl probation : But finds, That the purfuers are not intitled to any demurrage for the time that was taken up in failing, &c. from the ifland of Granada to Cape Fear, that is, for the time that intervened between the time of the (hip’s departure from the ifland of Granada, until her arrival at Cape Fear in North Carolina : As alfo finds, That the purfuers are not intitled to any demurrage for the time the drip was detained at Cape Fear for want of clearances, occafioned by the American ftamp-adt; and ordains the purfuers, againft the 3d of next month, to give in a condefcendence of the number of days faid fhip did lie at the ifland of Granada, and tire number of days faid fhip did lie at Cape Fear, and was detained through the 13 “ fault
(
6
)
fault of the defenders correfpondent, with certification: And as to C the defenders their defence and claim, founded on the faid fhin’s cc not failing fooner than file did from the frith of Edinburgh, repels CC the faid defence and claim ; and afiigns to either party the 3d dav of > The defenders afterwards gave in a condefcendence of their proof in the following words. “ imo, The fhip the Duke of Athol, as ap' reParation obtained not been equal to their expeditions, yet at lea ft they were now to get tree of all further litigation relative to t h i s T o y a i late as the 6th o f July t 77o, the defenders were p l e T w ' t o o f c a S other reprefentation, reciting the interlocutors lately pronounced by
(
19
)
by the Lord Ordinary, and fetting forth, “ That during laft va“ cation the procefs was put into Mr Alexander’s hands, in order “ to his taking the proper meafures to bring a proof: That M r “ Alexander being much engaged in bufmefs, and hurried with a “ multiplicity of other affairs, did nor, with his uf'ual attention, “ examine the flate in which this procefs flood, but fell into the “ miftake, that your Lordfhip’s interlocutor did no more than al“ low the Mefl'. Scrimgeours freight for 166 tuns for the acciden“ tal run between Granada and Cape Fear in Carolina; but did
