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Subject_1 PACTUM ILLICITUM.
Date: Wilkie
v.
M'Neill
6 November 1740
Case No.No. 11.
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Prohibited goods found not to be merx illicita; and therefore Wilkie having bought from Wallace some rum and brandy, and made over a part of his bargain to M'Neill at the same price, for which he took his bill payable to Wallace, and the brandy being afterwards delivered by Wallace to Wilkie, and seized in his possession, he paid the price of the whole to Wallace with some abatement, and Wallace made over M'Neill's bill to him. M'Neill was found liable to Wilkie for the sum in the bill, with a proportional abatement, and the defence repelled that it was a bargain for prohibited goods which were seized and not delivered to M'Neill, because they were delivered to Wallace; and likewise the other defence that they were merx illicita was repelled. (See Dict. No. 77. p. 9538.)
The electronic version of the text was provided by the Scottish Council of Law Reporting