Periculum between Mandant and Mandatary. - Postmaster, whether answerable for Money sent by Post.
Cooper v. Green and Chatto
Date: 20 May 1791 Case No. No 35.
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Cooper, a painter in Leith, gave an order in October, to Snowball, the rider of Green and Chatto of Newcastle, for a barrel of lintseed oil. The oil was shipped 19th December, but the vessel did not sail till the 24th, and next day, the 25th, which was the earliest post-day, Green and Chatto wrote to Cooper, inclosing the bill of lading and invoice, which were received by Cooper on the morning of the 27th. Next day, the 28th December, Cooper got intelligence that the ship was wrecked, and cargo lost. In an action for the price of the oil, the defender urged the improper delay of executing his commission, and likewise the delay of acquainting him of the oil being put aboard, which ought to have been done the same day that it was shipped; and insisted, that, on these accounts, he was not liable for the price.—The Lords were of opinion, that where no time is specified for the execution of a commission, a reasonable discretion is allowed, and found there was no mora of acquainting Cooper of the goods being shipped; it being the common practice to send the bill of lading and invoice only upon the sailing of the vessel: They therefore found Cooper liable in the price. See Appendix.
