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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Govan v Pedan. [1751] 1 Elchies 391 (20 Fee 1751)
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Cite as: [1751] 1 Elchies 391
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[1751] 1 Elchies 391
Subject_1 QUALIFIED OATH.
Govan
v.
Pedan
1751 ,Fee. 20 .
Case No.No. 7.
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Pedan sued Govan for wages as chief-mate from Carolina to Bo-ness, and referred the libel to oath. He deponed that he had in the outward voyage hired Blair as chief-mate and him as second-mate, (and produced the agreement with him and the other sailors;) that at Charlestown Blair was discharged, and he hired the pursuer as chief-mate at Blair's wages, and so continued from 7th September to 23d October, that they were put back to Charlestown, when the pursuer refused any longer to serve as chief-mate, but only in his former station as second-mate, and desired him to hire another man; that he thereupon hired Crichton as chief-mate, and that both Crichton and the pursuer kept journals. Drummore found Pedan entitled to wages as chief-mate in the homeward voyage; and that the quality was extrinsic. But on a reclaiming bill, we altered, found the quality intrinsic, and the pursuer entitled to wages from October, only as second-mate.
The electronic version of the text was provided by the Scottish Council of Law Reporting