Me IT James Scrimgeour and Son, merchants in
February 28. 1771.
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M E M O R F O R V
••
Me IT James Scrimgeour and Son, ftounnefs, Purfuers,
merchants in Borrow-
A G A I N S T
William Alexander and Sons, merchants in Edinburg! 1 Defenders. N the 1 765, W illiam Alexander and Sons had occaflon, in the courfe o f their trade, to freight a {hip from the frith o f Forth to the ifland of Granada in the Weft Indies, or to V ir ginia or Maryland ; but to which of thefe places, they had not then fully refolved on. However, 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 {hor: time determine which o f the voyages the fhip was to go. And :n confequence of this com muning and agreement, the defenders wrote a letter to the pur fuers, of the following tenor. “ Edinburgh, 2 3d March 176 5. Gen 4* tlemen, We hereby agree to freight your fhip the Duke o f Athol, it Captain W illiam Dick, on either of the following voyages, in our u option, to be determined by a letter from us on or before the 10th a April next, viz. Prom this frith to any port or ports in the ifland a of Granada in the Weft Indies, and back to London, to pay 3 s„. it tt 6 d . per 100 weight c f fugar, delivered at the K in g’s beam there, and the current freight to London for any other kind o f it goods ; the port-charges to be on the fame footing as the fhips a which take in freight from Granada to London, except the a article of primage, which is Piereby exprefsly excluded: Or A from,
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2
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e original ' _ contract
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4
5
contract of affreightment; and thefe they have rated at a moderate computation; and as the fhip arrived at Granada the 8th July 1765, they allow ieventy days there, as per agreement, which takes up till the 1 ith September. They allowed fix weeks for a palfage from Gra nada to London, and two weeks to unload there, which°takes up till the n th November, in which time the (Lip would have earned the freight as charged by them ; and as the fhip, by the deviation of the voyage, was detained and kept back from the n th November 176^, being feven months and thirteen days, they charged the fame freight,5 ;n point of time, that the fhip might have earned, in terms of ^the faid agreement; amounting, in whole, to the forefaid fum of L. 15 9 2 :10 :3 . Betides fome particular objections offered againft the claim, upon an alledgeance of the fhip being over-rated by the purfuers, it was in ge neral pleaded in defence, 1 mo, That the fhip was not ready to fail againft the time ftipulated by the original agreement ; 2do, That the (hip had been detained by the Captain’s ficknefs and death at St Chriifopher s, and at Carolina, by the mob’s having refuted to admit the ufe of the ftamped paper, for neither of which the defenders were anfwerable; and, 3 That in all cafes of unavoidable detention, the freighter is not anfwerable for it : for example, in the cafe of a qua rantine, lie-days do not run ; and when there is an embargo, as the freighter, on the one hand, lofes his market, and runs the rifle of his goods perifhing ; fo, on the other, the rifk mu ft lie upon the fhip, as to the wages, provifions, &cMar. :o 17 6 7 The judge pronounced the following interlocutor. “ Having advi(( Ld the procefs, defences, and anfwers, replies, and writs produ ced ; finds, That the purfuers are intitled to the fum of L 5, 5 s. it Sterling for each cabin-paffenger that went in the fhip the Duke i(
\cP
M E M O R F O R V
••
Me IT James Scrimgeour and Son, ftounnefs, Purfuers,
merchants in Borrow-
A G A I N S T
William Alexander and Sons, merchants in Edinburg! 1 Defenders. N the 1 765, W illiam Alexander and Sons had occaflon, in the courfe o f their trade, to freight a {hip from the frith o f Forth to the ifland of Granada in the Weft Indies, or to V ir ginia or Maryland ; but to which of thefe places, they had not then fully refolved on. However, 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 {hor: time determine which o f the voyages the fhip was to go. And :n confequence of this com muning and agreement, the defenders wrote a letter to the pur fuers, of the following tenor. “ Edinburgh, 2 3d March 176 5. Gen 4* tlemen, We hereby agree to freight your fhip the Duke o f Athol, it Captain W illiam Dick, on either of the following voyages, in our u option, to be determined by a letter from us on or before the 10th a April next, viz. Prom this frith to any port or ports in the ifland a of Granada in the Weft Indies, and back to London, to pay 3 s„. it tt 6 d . per 100 weight c f fugar, delivered at the K in g’s beam there, and the current freight to London for any other kind o f it goods ; the port-charges to be on the fame footing as the fhips a which take in freight from Granada to London, except the a article of primage, which is Piereby exprefsly excluded: Or A from,
(
2
)
e original ' _ contract
(
4
5
contract of affreightment; and thefe they have rated at a moderate computation; and as the fhip arrived at Granada the 8th July 1765, they allow ieventy days there, as per agreement, which takes up till the 1 ith September. They allowed fix weeks for a palfage from Gra nada to London, and two weeks to unload there, which°takes up till the n th November, in which time the (Lip would have earned the freight as charged by them ; and as the fhip, by the deviation of the voyage, was detained and kept back from the n th November 176^, being feven months and thirteen days, they charged the fame freight,5 ;n point of time, that the fhip might have earned, in terms of ^the faid agreement; amounting, in whole, to the forefaid fum of L. 15 9 2 :10 :3 . Betides fome particular objections offered againft the claim, upon an alledgeance of the fhip being over-rated by the purfuers, it was in ge neral pleaded in defence, 1 mo, That the fhip was not ready to fail againft the time ftipulated by the original agreement ; 2do, That the (hip had been detained by the Captain’s ficknefs and death at St Chriifopher s, and at Carolina, by the mob’s having refuted to admit the ufe of the ftamped paper, for neither of which the defenders were anfwerable; and, 3 That in all cafes of unavoidable detention, the freighter is not anfwerable for it : for example, in the cafe of a qua rantine, lie-days do not run ; and when there is an embargo, as the freighter, on the one hand, lofes his market, and runs the rifle of his goods perifhing ; fo, on the other, the rifk mu ft lie upon the fhip, as to the wages, provifions, &cMar. :o 17 6 7 The judge pronounced the following interlocutor. “ Having advi(( Ld the procefs, defences, and anfwers, replies, and writs produ ced ; finds, That the purfuers are intitled to the fum of L 5, 5 s. it Sterling for each cabin-paffenger that went in the fhip the Duke i(
