Scottish Court of Session Decisions

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

Umphray
v.
Cornelius Neilson

Date: 26 July 1676

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Cornelius Neilson having freighted Umphray's ship from Aberdene to Leith, with timber, by a charter-party; Umphray thereupon charges for the freight. Neilson suspends upon this reason, That after a part of the timber was embarked, the admiral arrested the timber; and the said Cornelius wrote to the skipper, that he would satisfy him for the time of his attendance, and desired him to disload what he had embarked; which he did accordingly: And, therefore, seeing he had found the ship at Aberdene, where he had freighted the same, and that he had been impeded to fulfil the charter-party, without his fault, and that the charger had accepted of his offer, and disloaded accordingly, he could not be liable for the freight. And, albeit the skipper came to the Road of Leith, on his way to Borrowstounness, the suspender was not liable, unless it could be instructed that he had lost a freight between the date of the charter-party and the time of disloading the timber, or sustained any other damage.

Which the Lords found relevant to liberate him from the freight, and to make him liable for all other damages.

Vol. II, Page 459.