Scottish Court of Session Decisions

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.

M'Lure and M'Cree, Indorsees from Ferguson,
v.
Paterson and Others,

Date: 3 November 1775

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It occurred again,

but not indorsees for value. The Lords ordered memorials, and afterwards a hearing in presence, which came to be advised 26th February 1779. “ The Lords, after long reasoning, found that no action lay upon the note in question ; therefore they sustained the defence, and assoilyied.” It was a note for £272, as the price of a certain number of casks of brandy, delivered out of a smuggling vessel in a bay in Galloway, to the defenders, who brought boats to the ship-side for that purpose. This was admitted, and indeed was proved; so that both the pursuers and defenders were clearly guilty of smuggling,—and hard to say which was most. The Lords decided on the case as it stood; refused a reclaiming petition, without answers; and adhered, 3d November 1775.