(1770) 2 Paton 251
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
(M. 14,209 et F. C.)
House of Lords,
Subject_Sale — Bill of Lading.—
Its effect in transferring the property of the goods.
For a full report of this case, vide M. 14,209, along with the subsequent part of it, after its return from the House of Lords.
The circumstances were shortly these:— A consignment of tobacco and goods was made by Archibald Dunlop, a merchant in Virginia, to the appellants, Hastie and Jamieson, merchants in Glasgow, with whom there was a contract to furnish and ship Glasgow goods to Virginia to Dunlop, the latter binding himself to ship tobacco, and make remittances in return.
In August 1765, Dunlop shipped a cargo of tobacco, &c. The bill of lading bore that they were shipped on account and risk of the Virginia merchant, but “to be delivered unto Messrs. Hastie and Jamieson, merchants in Glasgow, or their assigns; he or they paying freight,” &c.
A few hours after the ship's arrival in Port-Glasgow, the respondent, a creditor of Dunlop, arrested the ship and cargo for a debt due by him to the arrester.
Feb. 17, 2d & 19th July, Nov. 29, 1768.
Aug. 4, 1769.
Mar. 2, 1770.
The Court of Session held that Archibald Dunlop was not divested of the ship and cargo, and therefore that the arrestment attached. And, on appeal to the House of Lords, it was
Ordered and adjudged that the interlocutors of the 17th February, 19th July, and 29th November 1768, and 2d March 1770, so far as they relate to the cargo, be reversed; And it is hereby declared that the appellants have a special property therein, preferable to the respondent's arrestment: And it is further ordered and adjudged that the said interlocutors, so far as they relate to the ship, and all the other interlocutors complained of, be affirmed.
Counsel: For Appellants,
For Respondent, Ja. Montgomery, Dav. Rae.