Date of Decision: 15 Jun 1769
Abstract: In March 1765, Edinburgh merchants Alexander & Sons contracted with the Borrowstounness merchant house of James Scrimgeour & Son to freight the ship the Duke of Athol for a voyage to Grenada—after considering a trip to Maryland or Virginia—with a cargo of herring, staves, and green linens. Due to a variety of accidents, the ship did not make it to Grenada until after the end of sugar season. Having no sugar to collect and bring back to Scotland, the agent at Grenada for Alexander & Sons convinced the ship’s captain to sail for (North) Carolina. Within days of the ship’s arrival in Wilmington, protests broke out over the Stamp Act, delaying the ship’s loading and departure for months. When the Duke of Athol finally returned to Leith, Alexander & Sons brought a legal dispute against James Scrimgeour & Son over the respective financial obligations of the parties due to the ship's delay.
Subjects: Exercitor, Affreightment, Contract, Ships

Published Report

William Morison, The Decisions of the Court of Session (1811), 3955 Dalrymple, Decisions of the Lord of Council and Session, from 1766 to 1791, 292

Litigants

Pursuer:
James Scrimgeour, James Scrimgeour and Son
Defender:
William Alexander and Sons

People or Organizations Associated with Case

Named in case documents:
John Cowan, master of ship Duke of Athol after death of Captain Dick
John Alexander, Correspondent for Alexander and Sons in Grenada
William Purviance, furnished ship Duke of Athol with a cargo in Carolina
James Waddel, tide surveyor in Leith, inspected ship Duke of Athol after its return in 1766
Robert Robb, clerk in counting house of Alexander and Sons
Robert Paterson, tide waiter in Leith
David Gray, boatsman in Leith
Ellis Martin, clerk for Alexander and Sons
William Dick, master of ship Duke of Athol until death at St. Christophers in 1765
Advocate for Pursuer:
Alexander Lockhart
Advocate for Defender:
John Maclaurin
Lord Ordinary:
Lord Pitfour