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Scottish Court of Session Decisions >>
Douglas, Skipper, v The Laird of Swinton. [1694] 4 Brn 203 (26 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040203-0459.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Douglas, Skipper, v. The Laird of Swinton
Date: 26 July 1694
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Douglas, skipper, against the Laird of Swinton; who alleged, That there was no freight due from Leith to Eyemouth, for what deals, &c. he carried for him; seeing he was, by the charter-party, to come there however, and take in a loading of corn, that portage being only as ballast. 2do. That being blown away by storms to Norway, he could not claim the freight, average, nor demurrage.
Answered to the first,—Invecta et illata in navem are hypothecated in law pro naulo, even without a paction. And to the second,—The vis tempestatis being casus improvisus, without the skipper's fault, he ought not to suffer.
The Lords decerned; but recommended to the Ordinary to settle them.
