Date of Decision: 22 Feb 1771
Abstract: In the summer 1759, Charger Andrew Ross and others were sailors aboard the Ingram, a ship owned by suspender John Glassford. The planned route was Clyde to Newfoundland, then to Spain, Portugal, or any port in the Mediterranean, and then back to Clyde. During its voyage from Lisbon, Portugal to Clyde, the ship was captured by a French privateer (the Belleisle privateer), commanded by Thurot. The sailors on the Ingram, including Ross, were dropped off in Carrickfergus in Northern Ireland. When the sailors finally returned to Glasgow, they applied for the wages due to them at their arrival in Lisbon. These wages would cover the voyage from Clyde to Newfoundland, and then to Lisbon. Glassford refuses to pay the sailors' wages. Glassford maintains that sailors are not entitled to their wages when the ship is taken or wrecked in its homeward voyage. Ross et al. disagree, arguing that it is a custom among merchants in many places to compensate sailors, even in a situation where the ship is taken.
Subjects: Mutual Contract, Charter Party, Sailor's Compensation, Ships

Published Report

William Morison, The Decisions of the Court of Session (1811), 9177 Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), 406

Litigants

Charger:
Andrew Ross, Sailor on the ship Ingram
Suspender:
John Glassford, Owner of the ship Ingram

People or Organizations Associated with Case

Advocate for Charger:
William Craig, Lord Craig
Advocate for Suspender:
Alexander Wight
Lord Ordinary:
Henry Home, of Kames, Lord Kames
Named in case documents:
Captain Campbell, The master of the vessel who engaged sailors for the voyage