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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Scotland - From: 1800 To: 1849

This page lists 70 cases, and was prepared on 20 May 2019.

 
Joseph v Knox (1813) 3 Camp 320
1813


Contract, Scotland

1 Citers


 
Raeburn and Others v Kedslie and Others [1816] ScotJCR 1 - Murray - 1; (1816) 1 Murray 1
22 Jan 1816
SJC

Scotland
A steam-engine, of an improved construction, in the vicinity of the New Town of Edinburgh, found not injurious to property.
[ Bailii ]
 
Setton v Setton's Trustees [1816] ScotJCR 1 - Murray - 9; (1816) 1 Murray 9
24 Feb 1816
SJC

Scotland
The subscription of an instrumentary witness having been written by a third party, while the witness merely touched the pen, found not a genuine subscription.
[ Bailii ]
 
Hyslop v Staig [1816] ScotJCR 1 - Murray - 15; (1816) 1 Murray 15
12 Mar 1816
SJC

Scotland
Damages found for assault, defamation, &c.
[ Bailii ]
 
Carleton and Others, v Strong and Others [1816] ScotJCR 1 - Murray - 25; (1816) 1 Murray 25
13 Mar 1816
SJC

Scotland
Insurance. Found that a vessel was in the state represented at entering into the policy.
[ Bailii ]
 
Stewart v Buchanan [1816] ScotJCR 1 - Murray - 34; (1816) 1 Murray 34
14 Mar 1816
SJC

Scotland
If there is otherwise a foundation for an action of damages for defamation, the pursuer may rest on private letters, though written two years before.
[ Bailii ]
 
Hyslop v Miller [1816] ScotJCR 1 - Murray - 43; (1816) 1 Murray 43
15 Mar 1816
SJC

Scotland
Damages for assault, &c.
[ Bailii ]
 
Dicksons Brothers, v Dicksons and Company [1816] ScotJCR 1 - Murray - 55; (1816) 1 Murray 55
18 Mar 1816
SJC

Scotland
Damages found due by one company of merchants for executing an order intended for another.
[ Bailii ]
 
Kerr v Marshall [1816] ScotJCR 1 - Murray - 59; (1816) 1 Murray 59
3 Jun 1816
SJC

Scotland
It is the practice and understanding at Greenock, that an agent there who employs one in Glasgow or Paisley to conduct the causes of his clients, is only liable for the sums he recovers from the clients.
[ Bailii ]
 
Paul v Old Shipping Company [1816] ScotJCR 1 - Murray - 64; (1816) 1 Murray 64
10 Jun 1816
SJC

Scotland
The owners of a vessel found liable for the loss sustained by the shippers, having concealed that she was under detention for payment of duties, and the market price of goods having fallen.
[ Bailii ]
 
Patterson's Trustees v Johnston and Husband [1816] ScotJCR 1 - Murray - 71; (1816) 1 Murray 71
24 Jun 1816
SJC

Scotland
Found that a person died of a disease different from that of which he was ill at the time of executing a trust-deed.
[ Bailii ]
 
Landles v Gray [1816] ScotJCR 1 - Murray - 79; (1816) 1 Murray 79
18 Jul 1816
SJC

Scotland, Defamation
A person using the same defamatory expression to two individuals at different times, one witness swearing to each time is sufficient.
[ Bailii ]
 
Rose v Gollan [1816] ScotJCR 1 - Murray - 82; (1816) 1 Murray 82
19 Jul 1816
SJC

Scotland
L. 900 assessed as damages for breach of promise of marriage. Hogg v. Gow, 27th May 1812.
[ Bailii ]
 
James Earl of Fife v The Trustees of The Late James Earl of Fife and Others [1816] ScotJCR 1 - Murray - 88; (1816) 1 Murray 88
31 Oct 1816
SJC

Scotland, Land
Reduction of a trust-deed and deed of entail subscribed by the late Earl of Fife.
[ Bailii ]
 
Dickson v Taylor [1816] ScotJCR 1 - Murray - 141; (1816) 1 Murray 141
1 Nov 1816
SJC

Scotland, Contract
If a collier, under an engagement with one party, enter into an engagement with another party, that party is bound to turn him off as soon as he becomes acquainted with the prior engagement.
[ Bailii ]
 
Goddard and Company v Haddway [1816] ScotJCR 1 - Murray - 156; (1816) 1 Murray 156
4 Nov 1816
SJC

Scotland
A statement by one party, in pleadings before an arbiter, may be a complete set off to a claim of damages on account of a statement made by the other.
[ Bailii ]
 
Haddaway v Goddard [1816] ScotJCR 1 - Murray - 148; (1816) 1 Murray 148
4 Nov 1816
SJC

Scotland, Torts - Other
Damages assessed for assault and battery.
[ Bailii ]
 
Clark v Thomson [1816] ScotJCR 1 - Murray - 161; (1816) 1 Murray 161
8 Nov 1816
SJC

Scotland
Damages assessed for arrestment of a vessel and detention of the master on a meditatio fugae warrant, during an ill founded action.
[ Bailii ]
 
Shearlock v Beardsworth [1816] ScotJCR 1 - Murray - 196; (1816) 1 Murray 196
20 Dec 1816
SJC

Scotland
Damages found due to the commanding officer of a regiment for defamatory expressions used against the regiment.
[ Bailii ]
 
Auchmutie and Others, v Ferguson and Others [1817] ScotJCR 1 - Murray - 200; (1817) 1 Murray 200
27 Jan 1817
SJC

Scotland, Transport
Found that not more than four ferry-boats plied regularly from Kirkaldy to Leith and Newhaven.
[ Bailii ]
 
Downie v Burgan and Company [1817] ScotJCR 1 - Murray - 219; (1817) 1 Murray 219
24 Feb 1817
SJC

Scotland, Contract
Damages for breach of contract.
[ Bailii ]
 
Murray and Others v Tod and Others [1817] ScotJCR 1 - Murray - 222; (1817) 1 Murray 222
13 Mar 1817
SJC

Scotland, Banking
This was a multiplepoinding brought by the treasurer of the Royal Bank of Scotland, for the purpose of ascertaining who had right to two promissory notes, the one for L. 800, the other for L. 200.
The claimants on the one side were the nearest of kin of the late Mr Tod, and on the other certain parties who claimed those notes as having been delivered to a third party to be held for their behoof.
[ Bailii ]
 
Whyte and Mandatory v Clark and Others [1817] ScotJCR 1 - Murray - 233; (1817) 1 Murray 233
20 Mar 1817
SJC

Scotland, Health
Impartial and intelligent witnesses having sworn that they considered a person capable of managing his own affairs, and having supported their opinion by particular facts; found that he was not to be considered an "idiot" or "fatuous and incapable of understanding business," though other witnesses swore that they considered him so.
[ Bailii ]
 
Bannerman v Burk, &C [1817] ScotJCR 1 - Murray - 249; (1817) 1 Murray 249
16 Apr 1817
SJC

Scotland, Torts - Other
Damages for assault and battery.
[ Bailii ]
 
Morgan and Saunders v Hunter and Company [1817] ScotJCR 1 - Murray - 256; (1817) 1 Murray 256
23 Jun 1817
SJC

Scotland, Contract
An article commissioned, and on receipt returned to be repaired as damaged; found, that when repaired in terms of the letter returning it, any objection to the original construction is precluded.
[ Bailii ]
 
Hepburn v Cowan [1817] ScotJCR 1 - Murray - 261; (1817) 1 Murray 261
14 Jul 1817
SJC

Scotland, Contract
Found that a subscription to a bill was the true and genuine hand writing of the pursuer.
[ Bailii ]
 
Kirk v Guthrie [1817] ScotJCR 1 - Murray - 271; (1817) 1 Murray 271
15 Dec 1817
SJC

Scotland, Family, Defamation
Damages for adultery - This was an action of damages for adultery with the pursuer's wife, for assault and battery, and for writing a defamatory letter to his commanding officer.
[ Bailii ]
 
Davidson v Leslie [1817] ScotJCR 1 - Murray - 281; (1817) 1 Murray 281
17 Dec 1817
SJC

Scotland, Transport
An action for the price of a cargo of herrings lost on the coast of Caithness, though not all on board at the time the vessel was wrecked.
[ Bailii ]
 
Forgie v Henderson (1818) 1 Murray 413
1818

Lord Chief Commissioner Adam
Scotland, Damages
The pursuer was assaulted by the defender. During part of his resulting illness he received an allowance from a friendly society. Held: In charging the jury, the Lord Chief said 'I do not think that you can deduct the allowance from the Society, as that is of the nature of an insurance, and is a return of money paid'
1 Citers


 
Johnston and Proudfoot v Pennycook and Owler (1818) 1 Murray 285; [1818] ScotJCR 1 - Murray - 285
16 Feb 1818
SJC

Scotland
Damages for breach of contract.
This was an action of damages against one of the defenders for not implementing a sale of cattle; and against the other defender for subsequently purchasing them, knowing of the previous sale; and for affronting, calumniating, and abusing the pursuers in a public market.
[ Bailii ]
 
Mrs Harley and Others v Lindsays (1818) 1 Murray 296; [1818] ScotJCR 1 - Murray - 296
24 Feb 1818
SJC

Scotland
This was an action for proving the tenor of a settlement executed, and afterward destroyed, by the late John Lindsay of Easter Annafrech. There was also a declarator to have it found that, at the time the deed was destroyed, he was imbecile, from palsy, or some other cause.
[ Bailii ]
 
Harvey and Others v Smith and Others (1818) 1 Murray 302; [1818] ScotJCR 1 - Murray - 302
2 Mar 1818
SJC

Scotland
Insurance.-A vessel found to be fully equipped, and that she was not lost by want of equipment, or being detained to complete it.
[ Bailii ]
 
Baillie v Bryson (1818) 1 Murray 317; [1818] ScotJCR 1 - Murray - 317
12 Mar 1818
SJC

Scotland
Damages claimed for adultery, but the adultery found not proven.
[ Bailii ]
 
Bertrams v Barry and Bruce (1818) 1 Murray 342; [1818] ScotJCR 1 - Murray - 342
16 Mar 1818
SJC

Scotland
Damages assessed for non delivery of a quantity of wine.
[ Bailii ]
 
Leven v Young and Company (1818) 1 Murray 350; [1818] ScotJCR 1 - Murray - 350
17 Mar 1818
SJC

Scotland
L.2000 assessed as damages to a pursuer for the loss of his office, in consequence of the unfounded and groundless statements by the defenders.
[ Bailii ]
 
Manuel v Fraser (1818) 1 Murray 386; [1818] ScotJCR 1 - Murray - 386
19 Mar 1818
SJC

Scotland
Damages assessed for an illegal use of a caption.
[ Bailii ]
 
Welsh and Izat v Stewart and Others (1818) 1 Murray 397; [1818] ScotJCR 1 - Murray - 397
24 Mar 1818
SJC

Scotland
Damages assessed to the purchaser of growing wood, against the seller, for not having intimated to the purchaser of the land the time allowed for cutting it down.
[ Bailii ]
 
Forgie v Henderson (1818) 1 Murray 410; [1818] ScotJCR 1 - Murray - 410
25 Mar 1818
SJC

Scotland
Damages for assault and battery.
[ Bailii ]
 
Christian v Lord Kennedy (1818) 1 Murray 419; [1818] ScotJCR 1 - Murray - 419
6 Jul 1818
SJC

Scotland
Damages for defamation.
[ Bailii ]
 
Anderson v Wishart (1818) 1 Murray 429; [1818] ScotJCR 1 - Murray - 429
13 Jul 1818
SJC

Scotland
Damages found due to a servant against his master, for defamation, and for not having given him due warning to quit his place.
[ Bailii ]
 
Hall Alias Stewart v Otto (1818) 1 Murray 442; [1818] ScotJCR 1 - Murray - 442
14 Jul 1818
SJC

Scotland
Damages for assault and battery.
[ Bailii ]
 
Grubb and Matheson v Mackenzie (1818) 2 Murray 1; [1818] ScotJCR 2 - Murray - 1
10 Sep 1818
SJC

Scotland
Damages for destroying stake-nets.
[ Bailii ]
 
Mackenzie v Ross (1818) 2 Murray 11; [1818] ScotJCR 2 - Murray - 11
11 Sep 1818
SJC

Scotland
Damages claimed for using a road - A denial of having illegally broken down the march-dike, or used any road through the property, to which he had not a just right by his titles and immemorial possession.
[ Bailii ]
 
Mackenzie v Ross [1818] ScotJCR 2 - Murray - 21; (1818) 2 Murray 21
12 Sep 1818
SJC

Scotland
Damages claimed for building a hut on the property of the pursuer.
[ Bailii ]
 
Peter v Terrol [1818] ScotJCR 2 - Murray - 28; (1818) 2 Murray 28
26 Sep 1818
SJC

Scotland
An apprentice not bound to work for his master, except in relation to his trade.
[ Bailii ]
 
Frazer v Maitland (1818) 2 Murray 32; [1818] ScotJCR 2 - Murray - 32
26 Sep 1818
SJC

Scotland
Buildings on a farm found to have been erected by a tenant.
[ Bailii ]
 
Forbes v Taylor (1818) 2 Murray 34; [1818] ScotJCR 2 - Murray - 34
28 Sep 1818
SJC

Scotland
A tenant found to be one year's rent in arrear, and that caution was not given.
[ Bailii ]
 
Hamilton and Others v Harvey and Others [1818] ScotJCR 2 - Murray - 38; (1818) 2 Murray 38
24 Nov 1818
SJC

Scotland
Reduction of the conveyance of an heritable property, on the ground of mental derangement and idiocy.
[ Bailii ]
 
Christian v Lord Kennedy [1818] ScotJCR 2 - Murray - 51; (1818) 2 Murray 51
27 Nov 1818
SJC

Scotland
New trial refused; damages not excessive.
[ Bailii ]
 
Graham v Graham [1818] ScotJCR 2 - Murray - 54; (1818) 2 Murray 54
30 Nov 1818
SJC

Scotland
Value of a house, and of political interest, ascertained.
[ Bailii ]
 
Tennent and Co v Hodge [1818] ScotJCR 2 - Murray - 60; (1818) 2 Murray 60
16 Dec 1818
SJC

Scotland
In this case, after the Jury were sworn, but before the case was opened for the pursuer, the parties agreed to a compromise.
[ Bailii ]
 
Robert Angus, James Todd, William Currie, James Barclay, Sen, James Barclay, Jun, John Allan, John Fleming, Henry Arnott, Robert Walker, And William Stewart v Duncan Montgomery, David Wishart, John Montgomery, And John Gulland [1821] EngR 229; (1821) 3 Bligh PC 98; (1821) 4 ER 541
2 Mar 1821
PC

Scotland, Local Government

[ Commonlii ]
 
Niven v Pitcairn (1823) 2 S 270
1823


Scotland, Land
Large leaden vessels which were not fastened to the building in any way but simply rested by their own weight were held to be heritable since they had had to be taken to pieces in order to be removed and had then been sold as old lead.
1 Citers


 
Cormack v Anderson (1829) 7 S 868
1829


Scotland, Land

1 Citers


 
The Sea Insurance Company Of Scotland v Gavin, And Others [1829] EngR 244; (1829) 4 Bligh NS PC 578; (1829) 5 ER 206
1829
SCS

Scotland, Transport, Insurance
Under a policy insuring a brigantine '' at and from L. to S., and thence to "Barcelona, and at and from thence and two other ports in Spain, to a 'port in Great Britain : "--held, that Saloe, a place lying in a bay, having warehouses and a jetty, with a depth of water sufficient for feluccas, but not for large ships, and a good roadsted anchorage where ships lie and are loaded by means of small craft ; having also a custom-house and officers is a ''port" within the meaning of the policy.
[ Commonlii ]
 
Taylor v Forbes (1830) 9 S 113
1830


Scotland
The pursuer sued for freight for carrying a cargo of flour for the defender from Perth to Aberdeen. The pursuer did not insert sufficient planks to line the hold and protect the cargo from contact with the bilge water. He claimed that it was not customary to do so. When the flour was unloaded, part of the cargo was found to have been damaged by the bilge water. The cargo was sold, the damaged part at a reduced price. The reduction in value exceeded the freight. The pursuer sued for the freight before the Judge Admiral and the defender pleaded his loss by way of defence. The Judge Admiral was satisfied that the damage to the flour had been due to the pursuer's fault in failing to line the hold properly. In view of the fact that the defender's loss exceeded the freight, he assoilzied the defender. At the First Division, the pursuer argued that his claim for the freight was liquid and that the defender had to pay that liquid debt – leaving him to bring any claim for damages in a separate action. Held: The First Division rejected that argument. The defender was saying that the pursuer was in breach of contract because had failed to make appropriate arrangements for carrying the flour to Aberdeen. So the pursuer had to show that, in the circumstances, he had earned the freight by duly performing his contract to carry the flour. Since his claim for freight was therefore illiquid, the defender was entitled to plead in defence the illiquid claim for loss which he had suffered as a result of the pursuer's failure to make appropriate arrangements for carrying the flour.
1 Citers


 
Thompson v Williamson [1831] EngR 283; (1831) 7 Bligh NS PC 432; (1831) 5 ER 833
1831
PC

Scotland, Company
In the absence of an express partnership agreement, there is no presumption that partners will share profits equally.
[ Commonlii ]
 
Paisley Union Bank v Hamilton (1831) 9 S 488
1831


Scotland

1 Citers


 
Charles Ferrier, Esq, Accountant In Edinburgh, Trustee Upon The Sequestrated Estate Of John White, Late Merchant In Edinburgh v Francis Howden, Esq, And Others, Trustees Of The Scottish Union Insurance Company [1834] EngR 601; (1834) 4 Cl and Fin 25; (1834) 7 ER 10
21 Mar 1834


Scotland, Insurance

[ Commonlii ]
 
Baird v Ross (1836) 14 S 528
1836


Land, Scotland
A dominant proprietor of land was not entitled to load or unload or turn carts unless he could do so on the cart way.
1 Citers


 
Campbell v Tyson (1840) 2 D 1215
1840
IHCS
Lord Mackenzie, Lord Fullerton
Transport, Scotland
It was asked whether earlier cases established that the mere contracting for the safe carriage, if made by the consignor, entitled him to sue the carrier for damages, if the carrier failed to perform the duty undertaken by him under that contract. Lord Mackenzie: "I do not trust to these decisions as going as far as that. The Lord Chancellor does not go so far in his opinion; and even, as it seems to me, implies in his opinion the reverse of that general abstract doctrine. And there would be great difficulty in reconciling such a doctrine to the ordinary principles of the law of Scotland." Lord Fullerton said of the decision in Dunlop that: "It went no further than this, that although in the general case the consignee was the proper party to sue, there might be circumstances in the transaction which reserved in the person of the consignor such an interest in the contract of carriage as to protect his title to pursue." and ". . . the consignor, who by contract undertakes the risk of the goods, substantially contracts with the consignee for their safe delivery; and consequently the contract with the actual carrier for their carriage remains a separate contract between the consignor and the carrier, for the breach of which the consignor has the legal interest to maintain action." He also observed in relation to the older English cases: "The only question in the case of Dunlop & Co. v. Lambert, etc, and the other cases referred to, was, whether the consignor could recover. It never was doubted that the consignee could; on the contrary, in all those disputed cases it is assumed on all sides that the consignee was, in the general case, the proper party to sue."
1 Cites

1 Citers


 
Black v Watson (1841) 3 D 522
1841


Scotland, Wills and Probate
Where a testator leaves more than one testamentary writing they are to be read together so far as possible as if they formed one deed.
1 Citers


 
Lord Melville v Paterson (1842) 4 D 1311
1842

Lord Ordinary Ivory
Scotland, Land
A question arose about the application of the vesting provisions of the 1839 Act in a case where the debtor had died. Citing Bell in support, the Lord Ordinary (Ivory), whose decision was affirmed by the Second Division, referred to the position in the sequestration of a living debtor: "No doubt, the right thus declared to be vested in the trustee, will be no more than a right tantum et tale with what actually belonged to the bankrupt at the date of sequestration; and where the bankrupt, therefore, has previously granted a prior personal right, in the shape of a conveyance or security, to an individual creditor or other third party, upon which it would be in the power of such a party to run a race against the trustee, it may be necessary for the latter, with a view to exclude the completion of this inchoate adverse right, to obtain his own title first completed according to all the feudal forms, and so entered upon the records."
1 Citers


 
Moncreiff v Hay (1842) 5 D 249
1842


Landlord and Tenant, Scotland
The landlord acquired the growing crops sown by the tenant when he enforced an irritancy clause in a lease of agricultural property.
1 Citers


 
Smith v Galbraith (1843) 5 D 665
1843


Ecclesiastical, Scotland

1 Citers


 
Graham v Gordon (1843) 5 D 1207
1843


Scotland, Landlord and Tenant
"Rent is not liquid in the sense that a sum due by bond is. It is matter of contract in consideration of something to be done. It is paid for possession of the subject let. If the tenant says he has not got entire possession, that is a good answer to the claim for rent."
1 Citers



 
 Young v Leith; IHCS 1844 - (1848) 2 Ross's LC 81; (1844) 6 D 370
 
Erskine v Wright (1846) 8 D 863
1846

Lord Mackenzie
Scotland, Trusts
The provisions of the Act would be capable of being defeated if it had remained possible to tie up lands in perpetuity by the creation of a series of liferents. This would soon supersede all other methods of doing so if it were competent.
Entail Amendment (Scotland) Act 1848
1 Citers


 
Graham v Pollock (1848) 10 D 646
1848
IHCS
Lord Mackenzie, Lord Fullerton, Lord Jeffrey
Contract, Scotland
There was no dispute that a dog race had been won by a dog named Violet, and that Violet had been entered in the race by one of the parties. The issue was whether that party had entered Violet for his own benefit, having borrowed Violet for the purpose, and was therefore entitled to the prize; or whether he had entered Violet as the agent of Violet's owner, who was therefore the person truly entitled to the prize. Held: No question of sponsio ludicra. The issue as to which party was entitled to the prize depended on the nature of the contract between them, whether loan or agency, and since that was a question which was separate from the race itself, no question of sponsio ludicra was involved. It was a question not of racing or hunting, but of contract of mandate or loan. The whole sporting question is settled - the prize is awarded to Violet - and the question is, what individual has an interest by law and contract in what Violet has won?
1 Citers



 
 Fordyce v Sir Henry Bridges, Catherine Elizabeth Mary Reid, Madeline Curling, Jane Curling, Isabella Curling, Agnes Catherine Thomson, Mary Louisa Thomson, Emily Harriet Thomson, Gertrude Eliza Thomson, Florence Jessie Thomson, And Jo; 15-Mar-1848 - [1848] EngR 347 (C); (1847-1848) 2 Coop T Cott 325
 
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