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Scottish Court of Session Decisions >>
Becks v Patrick Crawfurd. [1684] 3 Brn 523 (00 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030523-0794.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Becks v. Patrick Crawfurd
1684.
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March 25.—Patrick Crawfurd, merchant in Edinburgh, against Becks. The Lords having considered the bill, with the pursuer's deposition, They find it proves that Crawfurd was entertained by his defunct master's relict, during the time of the prenticeship, but not that he went two voyages to London, France, or Holland, conform to the obligement in the indentures, to send him; and find the other points of the defence, anent helping him with the relict's credit, not proven by his oath: but, as to the modification of his damage, for want of insight, upon that account of not being sent abroad, remit the determination thereof to the opinion of Dean of Guild Baird, and Bailie Hall; and, in the mean time, stop the decreet at Becks' instance against the said Patrick Crawfurd.
It was alleged,—That the expense of sending a common apprentice abroad is small, and, considering the short time they stay, needs not (going by sea) exceed £4 or £5 sterling; and by such voyage they can get little insight. Vide 5th December 1684.
Vol. I. Page 284.
December 5.—The Lords having advised the case between Beck and Patrick Crawfurd, mentioned 25th March 1684, anent what modification Crawfurd should have, upon the account he was not sent twice abroad by his master, as the indenture bore: and seeing the two merchants, to whom the Lords referred it, had given no opinion, the Lords modified £10 sterling for his want of insight thereby: though the President thought £5 or £6 sterling enough for such small merchants and prentices in the Lawn Market.
