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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Ogilvie v Thomas Scott. [1637] 1 Brn 366 (9 February 1637)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Captain Ogilvie
v.
Thomas Scott
9 February 1637 Click here to view a pdf copy of this documet : PDF Copy
In a contract or charter-party made betwixt Captain William Ogilvie and James Ogilvie, his brother, on the one part, and Thomas Scott, skipper in Dundee, on the other part, whereby the said skipper hired his ship to transport the said captain and his men to Buxtiehow, on the Elbe;—after their embarking, when they were within 20 leagues of the said port, by a contrary tempest the ship and men were driven back and forced into Norway, where the captain landed his men; and because that ship was leck, he freighted another ship in Norway, and registered his charter-party, and charges the skipper to refund him the freight and the damnage and interest he had sustained. It was alleged, That thir failyies could not be declared by way of charge, but must be pursued by an ordinary action. The Lords permitted the pursuer to turn his charge in an ordinary action.
2d MS. Page 48.
The electronic version of the text was provided by the Scottish Council of Law Reporting