James Smith, Factor to the Estate of Wintoun, v. John Matthie, Skipper in Prestonpans
Date: 31 December 1708 Case No. No. 133.
Menial servants sustained to prove the terms of a bargain, for the master's behoof.
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In the process at the instance of James Smith contra John Matthie, for the price of a bargain of salt, bought by the defender from the pursuer, the Lords found the terms of the bargain proveable by the depositions of the Earl of Wintoun's own menial servants, for whose behoof the salt was sold; who were found as necessary witnesses in this case as merchants' servants and apprentices are for proving the sale and delivery of their master's goods: Albeit it was alleged for the defender, That domestic servants were not to be so trusted to depone in their master's concerns, as prentices; because the latter being for the most part gentlemen's sons under indentures, who cannot be put away at the master's pleasure, are more like tenants having tacks, than servants, and so not so much under the impression of their masters.
