Scottish Court of Session Decisions

Subject_1 MANDATE.

Sandilands and Knox
v.
Lindsay

1745, Feb. 6.
Case No. No. 3.

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Carmichael, merchant in Edinburgh, commissioned Sandilands and Knox in Bordeaux to send four tons of wine, and send the invoice and bills of lading in Lindsay's name, and to draw on him Carmichael for the value. They obeyed the commission, and in August 1784 drew on Carmichael, payable to Coutts at London, who wrote to Carmichael, and he in answer excused himself wondering that Lindsay had not remitted the money; but Carmichael was then breaking, and in December he settled accounts with Murray, brother-in-law of Lindsay, to whom he owed considerable sums, and debited Murray with this wine as well as several parcels furnished Lindsay in former years as having been commissioned by Murray for Lindsay. Then Sandilands and Knox sued Lindsay, who defended on this payment or rather account betwixt Murray and Carmichael, and Royston had sustained the defence. But the Court on a reclaiming bill ordered all the parties to be brought into the field and all the Correspondence extant, and this day finding no evidenee of the wines being commissioned by Murray they found Lindsay liable. Vide 24th July 1735, Sherwell against Jeffray, (No. 1.) 7th December 1735, Smith in Yarmouth against Fotheringham, (No. 2.)