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Scottish Court of Session Decisions >>
Thomas Robertson v William Lamb and William Gilchrist. [1684] 3 Brn 511 (29 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030511-0776.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Thomas Robertson v. William Lamb and William Gilchrist
Date: 29 March 1684
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The case of Thomas Robertson, with William Lamb and William Gilchrist, merchants in Edinburgh, was advised summarily; (both parties having consented to the summary discussing thereof;) and the Lords found, by the depositions of the customers, waiters, and porters, that the 2000 deals in controversy were not confiscated by any fault of Thomas Robertson, but through the Norway skipper's short report of 7000 deals only, and concealing this 2000; (this differs from a short entry;) and therefore found Thomas liable only in the price of the 7000 deals: though he bought the whole cargo, yet the confiscation not arising from any fault in him, it could not be upon his peril: and therefore assoilyied him from the rest.
