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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Mitchell v Morgan. [1780] 5 Brn 533 (22 June 1780)
URL: http://www.bailii.org/scot/cases/ScotCS/1780/Brn050533-0583.html
Cite as: [1780] 5 Brn 533

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[1780] 5 Brn 533      

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.

Captain Mitchell
v.
Morgan

Date: 22 June 1780

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Captain Mitchell, of the Fox East Indiaman, employed his steward, Morgan, when the ship arrived in the Thames, to smuggle his, the Captain's, private adventure of china, &c. Morgan did so : they differed about the accompting for the produce. The Captain brought his action against Morgan : but the Lords found that no action lay. They held it to be a clear smuggling contract. This seems to me to be a strong case, and deserves reconsideration.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1780/Brn050533-0583.html