United Kingdom House of Lords Decisions

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Cite as: [1758] UKHL 6_Paton_718

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SCOTTISH_HoL_JURY_COURT

Page: 718↓

(1758) 6 Paton 718

CASES DECIDED IN THE HOUSE OF LORDS, UPON APPEAL FROM THE COURTS OF SCOTLAND.

No. 123

John Miller of Greenock, Tobacconist, Appellant

v.

Wm. Alexander, Merchant, Edinburgh, Agent for the Farmers' General in France, Respondent

House of Lords, 19th April 1758.

Subject_Damages for Fraudulent Abstraction. —

Circumstances in which the respondent was held liable to damages for abstraction of tobacco.

Aug. 10, 1756.

Dec. 14, 1756.

Dec. 2, 1757.

The appellant was in the habit of importing tobacco from America, and reselling it again for exportation to France;

Page: 719↓

and the present was an action of damages brought by the respondent, agent for the Farmers' General in France against him, charging him with fraudulently abstracting from the hogsheads as they arrived from America, a great part of the tobacco purchased by the respondent's constituents, and substituting in place thereof, tobaccoes of inferior quality, called box and babby tobaccoes. On proof the respondent made out his allegations, and the Court found the appellant liable to the pursuer (respondent) as factor foresaid, in damages, and remitted to the Lord Ordinary to ascertain. the amount. The Lord Ordinary found him liable in £1643, 1s. 4d., as the total loss sustained upon the cargoes of tobacco therein mentioned, and to this the Court adhered.

Against these interlocutors the present appeal was brought to the House of Lords.

After hearing counsel,

It was ordered and adjudged, that the interlocutors complained of be, and the same are hereby, affirmed.

Counsel: For the Appellant, C. Yorke, John Dalrymple.
For the Respondent, Rob, Dundas, Al. Forrester.

Note.—Unreported in the Court of Session.

1758

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