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George Muirhead of Stevenson v William Stewart, Merchant in Glasgow. [1694] 4 Brn 227 (19 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040227-0514.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
George Muirhead of Stevenson v. William Stewart, Merchant in Glasgow
Date: 19 December 1694
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The Lords found the contract between them, for transporting the meal to Ireland, did not import an obligation on Stewart to go along with it personally; and that he, having delegated his own brother, and sold Muirhead's part as he did his own, the Lords would not tie him to count for any other prices but those he got; albeit Muirhead offered to prove that the meal sent at the same time from Scotland gave a much higher price.
As to the second head of malversation insisted on, That he returned the ship empty, and did not buy a loading in Ireland, answered, 1mo. The seas were then very dangerous, and full of pirates; 2do. Goods, which could then be got in Ireland, were at a low value, and little or no profit to be had upon them in Scotland. Some were for admitting this to his probation, as relevant to assoilyie him; but the plurality thought, seeing he acted for him as for himself, that he ought only to give his oath, ex officio, whether or no he forbore to buy a cargo in regard the seas were pestered, or that he thought there was little profit to be made by such a return.
