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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maclaren v Barclay. [1777] 5 Brn 506 (25 January 1777) URL: http://www.bailii.org/scot/cases/ScotCS/1777/Brn050506-0534.html Cite as: [1777] 5 Brn 506 |
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[1777] 5 Brn 506
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 LEX MERCATORIA.
Date: Maclaren
v.
Barclay
25 January 1777 Click here to view a pdf copy of this documet : PDF Copy
When a merchant commissions goods from another at a distant port, all that is incumbent on the seller is,—to put them on board of a ship bound to the place where the buyer resides, or to any place where he has directed them to be carried. When that is done, the property is understood to be transferred; and every hazard of sea, enemy, theft by the master, or crew, &c., falls upon the buyer. See 1 New Coll., No. 113. These principles were adopted in the decision by Lord Monboddo, M'Laren against Barclay; to which the Lords adhered, January 1777.
The electronic version of the text was provided by the Scottish Council of Law Reporting