Scottish Court of Session Decisions

This was a maritime cause, in which Guthrie and Baxter, merchants in Dundee, pursued the defender Mason, merchant in Memel, for payment of a sum of £2378, as the value of certain goods, in part shipped by him on account of the pursuers, but to the greater part of which they had subsequently acquired right by indorsation of the bills of lading, and also for a sum of £500 damages. The summons stated the vessel to have been stranded on the voyage, and the goods to have been sold for a nominal price of £60.

Defences having been lodged, the pursuers moved for an order on the defender to find caution de judicio sisti et judicatum solvi, as in a maritime cause; stating, at the same time, that they were willing to restrict the caution to be found by the defender to £2000.

Mason objected that the pursuers were not entitled to make this demand, there being a variety of interests concerned which the pursuers had not shown that they really represented; and alleged that although he was ready to give caution de judicio sisti, he was quite unable to give caution judicatum solvi to the extent demanded.

The Lord Ordinary found “that the defender must find caution to the extent of £2000, and appointed him to lodge a bond of caution de judicio sisti et judicatum solvi, to the extent of £2000, and that in twenty-one days.”

Mason reclaimed, but