BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Ogilvie v Ross and Wood. [1771] Mor 10099 (00 February 1771)
URL: http://www.bailii.org/scot/cases/ScotCS/1771/Mor2410099-033.html Cite as:
[1771] Mor 10099
Periculum between Mandant and Mandatary. - Postmaster, whether answerable for Money sent by Post.
Ogilvie v. Ross and Wood
1771.
February. Case No. No 33.
Click here to view a pdf copy of this documet : PDF Copy
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.
