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Mitchell v Baird. [1772] Mor 9566 (12 December 1772)
URL: http://www.bailii.org/scot/cases/ScotCS/1772/Mor2309566-098.html Cite as:
[1772] Mor 9566
Turpis causa. - Sale to a White Bonnet at a Roup. - Obligation not to oppose reduction of a Verdict of Fatuity. - Transacting a Crime. - Transacting Church Penance. - British Subject purchasing a Captured British Ship. - Combination of Offerers at a Sale. - Combination to raise the rate of Wages. - Combination against receiving Money of a particular Coinage. - Pactum contra utilitatem.
Mitchell v. Baird
Date: 12 December 1772 Case No. No 98.
A missive was granted to give no opposition to the reduction of the verdict of a jury. Suspended as contra bonos mores.
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The Lords adhered to an interlocutor of the Lord Ordieary, “sustaining this reason of suspension of a decree of an inferior court, that the missive libelled on was contra bonos mores.’
The missive was of the following tenor:
“March 27. 1766, Sir, As you have, of this date, given me your missive to give no opposition in the process of exhibition and reduction of the verdict of a jury at your instance against Janet Stevenson, my spouse, for which I promise to pay you L. 155 Sterling, in case I succeed in said process, as witness my hand.”
The relative missive was of this tenor:
“March 27. 1766, Sir, As you have, of this date, given me your missive for L. 155 Sterling, in order to yield all claim of defence in the process of exhibition of the verdict of a jury, wherein your wife, Janet Stevenson, is found fatuous, so I hereby promise to give you no opposition in any respect in the reduction and exhibition of the said verdict, or any other in my name, or for my behoof, by either word or writ, from me, in any mannet of way;”
and, upon the successful issue of the process of reduction therein mentioned, the present action for payment of the stipulated sum of L. 155 was brought, and, prima instantia, a decree passed for it; which the Court reversed.
Act. W. Nairne.Alt. Rae.Clerk, Campbell.
Fol. Dic. v. 4. p. 26. Fac. Col. No 41. p. 111.
