Scottish Court of Session Decisions

Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. XIII.

Smuggling.

Magnus Gray
v.
John Barron

Date: 23 November 1761
Case No. No 81.

Click here to view a pdf copy of this documet : PDF Copy

Magnus Gray freighted his ship for six months to John Barron. Both from the charter-party, and from the circumstances of the voyage, it appeared that she was freighted for a smuggling adventure. Her contraband cargo was seized in the Orkneys.

Gray pursued Barron in the Admiralty Court for payment of the freight. The Judge Admiral found, That the contract was unlawful, and that therefore Gray had no action for payment of the freight.

The cause having come before the Court of Session by suspension, and into the innerhouse upon informations, the Court ordered a hearing in presence upon this abstract question, whether an action lies for payment upon the performance of a smuggling contract? After the hearing, there were informations ordered; but one of the parties having dropt the suit, the point was not decided.

Act. Montgomery, J. Dalrymple. Alt. Garden, Lockhart. Clerk, Justice. Fol. Dic. v. 4. p. 33. Fac. Col. No 64. p. 148.