Scottish Court of Session Decisions

Subject_1 PERICULUM.
Subject_2 SECT. III.

Periculum between Mandant and Mandatary. - Postmaster, whether answerable for Money sent by Post.

Ogilvie
v.
Ross and Wood

1771. February.
Case No. No 33.

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Ogilvie at London, sent a cask of apples to his brother at Edinburgh, directed to William Ogilvie, Esq; by the ship Adolphus, Ross master. Ross, who brought the apples safe to Leith, could not find, from the vague direction of Esquire, where to send them, but allowed Wood, a factor in Leith, to take them into his custody, where they remained some months till they were spoiled; after which Ogilvie discovered them, and pursued both Ross and Wood for their value.—The Lords at first found Wood liable; but, on review, when it appeared that the loss was owing to Ogilvie at London not sending a bill of lading, and that Ogilvie at Edinburgh had not made sufficient timeous enquiry about the parcel, the Court altered and assoilzied. See Appendix.

Fol. Dic. v. 4. p. 59.