Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Mr Edward Wright
v.
Lawrie

Date: 5 December 1672

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Mr Edward Wright, having employed Lawrie, a messenger, to take Carfirie with caption,—pursues the messenger for payment of his debt, because he had suffered the rebel, whom he had taken, to escape. It was alleged, Absolvitor, Because the pursuer's son, having employed the messenger, promised to go along with him, and assist him in the execution. And, true it is, he deserted him, being on the way with the rebel; and, having none with him but one person, he was not able to carry him to prison; but he went to Humby with him, where the messenger followed him, and there he produced a protection under the king's hand. The Lords found the first member of the allegeance not relevant, unless the rebel had used violence; in which case the messenger ought to have broken his rod, whereby the pursuer might have had the benefit of the deforcement; unless the agreement had been expressly, that, if the employer had deserted the messenger, he should have proceeded no further: but found that member of the protection, under the king's hand, relevant;—reserving to the Lords the consideration of the qualifications of payment of the annualrent therein contained, after production.

Vol. II, Page 126.