Pursuers Alexander and John Mackies obtained insurance for their ship, the Marshall of Gardenston, and its cargo. Although the ship was bound for Dundee, it docked at Down (now known as Macduff) during the voyage, and the cargo was stolen by a mob. The pursuers applied to the insurance underwriters for indemnification and eventually brought suit against them. However, the underwriters argued that they were not required to pay because the ship-master had deviated from the insured voyage by going to Down and taking on cargo there. Relevant documents are reproduced in an appendix to the defenders’ court filing.
People involved
- Alexander Mackies — Pursuer
- John Mackies — Pursuer
- Alexander Houston — Defender
- James Stuart — Defender
- John Coutts and Company — Named in case documents
- James Ferguson, 2nd Laird of Pitfour, Lord Pitfour — Lord Ordinary
- Alexander Wight — Advocate for Defender
- James Ferguson, 3rd Laird of Pitfour — Advocate for Pursuer
- Peter Gill — Named in case documents
- Archibald Trotter — Named in case documents
Places
- Macduff (principal)
- Gardenstown
- Fraserburgh
- Banff
- Dundee
Pursuers Alexander and John Mackies obtained insurance for their ship, the Marshall of Gardenston, and its cargo. Although the ship was bound for Dundee, it docked at Down (now known as Macduff) during the voyage, and the cargo was stolen by a mob. The pursuers applied to the insurance underwriters for indemnification and eventually brought suit against them. However, the underwriters argued that they were not required to pay because the ship-master had deviated from the insured voyage by going to Down and taking on cargo there. Relevant documents are reproduced in an appendix to the defenders’ court filing.
