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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lutwidge, &c. v Archibald Gray, &C. [1735] 1 Elchies 299 (18 January 1735)
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Subject_1 MUTUAL CONTRACT.
Lutwidge, &c
v.
Archibald Gray, &C
1735 ,Jan ,18 .
Case No.No. 3.
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The Lords in Parliament having found the freighter liable for full freight of such of the goods as were given up to the insurer, and for the freight pro rata itineris for such of the goods as were brought to Glasgow, the freighters now claimed deduction of the salvage out of the freight. The Lords found they had no access to determine that point. Many of the Lords thought the judgment right in point of law, though the matter were entire. Lord Ilay was clear that we had no access to judge,—but afterwards they found the point yet entire, 25th July 1734,—18th January 1735, The Lords found the freight not liable in contribution for the salvage of the cargo.
The electronic version of the text was provided by the Scottish Council of Law Reporting