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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Mitchell v Morgan. [1780] 5 Brn 533 (22 June 1780)
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Cite as: [1780] 5 Brn 533
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[1780] 5 Brn 533
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 SMUGGLING CONTRACT.
Date: Captain Mitchell
v.
Morgan
22 June 1780 Click here to view a pdf copy of this documet : PDF Copy
Captain Mitchell, of the Fox East Indiaman, employed his steward, Morgan, when the ship arrived in the Thames, to smuggle his, the Captain's, private adventure of china, &c. Morgan did so : they differed about the accompting for the produce. The Captain brought his action against Morgan : but the
Lords found that no action lay. They held it to be a clear smuggling contract. This seems to me to be a strong case, and deserves reconsideration.
The electronic version of the text was provided by the Scottish Council of Law Reporting