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Cite as: [1745] 2 Elchies 344
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[1745] 2 Elchies 344
Subject_1 MANDATE.
Date: Sandilands and Knox
v.
Lindsay
6 February 1745
Case No.No. 3.
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Carmichael commissioned Sandilands and Knox to send four tons of wine to Lindsay, which they did, and he received; and they drew on Carmichael, payable to Coutts at London; to whom Carmichael wrote that he wondered Lindsay had not remitted the money; and about that time broke; and Murray, brother-in-law of Lindsay, being creditor to Carmichael, fitted accounts with him after his breaking, and gave him credit for these four tons, as well as for wines furnished by him to Lindsay in former years. Sandilands and Knox sued Lindsay, and Murray compeared and defended him on that fitted account; but there being no evidence that Murray had commissioned Carmichael to furnish them, or was otherways liable to Carmichael for them, the defence was repelled, and Lindsay found liable. Vide Sherwell against Jeffray, and Smith against Fotheringham, supra.
The electronic version of the text was provided by the Scottish Council of Law Reporting