Scottish Court of Session Decisions

Subject_1 HYPOTHEC.

Lessly of Lumquhat
v.
Hunter

1752, July 30.
Case No. No. 18.

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Lumquhat employed Arnot a weaver to weave two webs of linen cloth for him of Lumquhat's yarn, which he did, and thereafter sent them to Hunter's bleachfield to be whitened, but marked with his own name. Arnot broke and owed Hunter an account for bleaching a former parcel, who detained Lumquhat's cloth with other cloth he had of Arnot's for payment of the account, saying that he bleached it as Arnot's whose name was on it, having in his advertisement directed the owners to sew their names in their cloth. Lumquhat sued him before the Justices of Peace, and brought a proof of his property, that is, his property of the yarn, and employing and paying Arnot for weaving, and recovered decreet, on his paying the whitening these two webs; which Hunter suspended; and Justice-Clerk affirmed the decreet; and this day we adhered, on advising a reclaiming bill and answers, but only by the President's casting vote. Lumquhat denied that he consented to, or knew of Arnot's marking the webs with his own name.