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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Rope-Wore Company of Port-Glasgow, v Messrs Crosses. [1761] Mor 6268 (4 March 1761)
URL: http://www.bailii.org/scot/cases/ScotCS/1761/Mor1506268-068.html
Cite as: [1761] Mor 6268

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[1761] Mor 6268      

Subject_1 HYPOTHEC.
Subject_2 SECT. VIII.

Hypothec upon a Ship for Furnishings and Repairs. - Hypothec for Seamen's Wages. - Upon the Cargo for Freight.

The Rope-Wore Company of Port-Glasgow,
v.
Messrs Crosses

Date: 4 March 1761
Case No. No 68.

Furnishers for the repairs of a ship found to have a hypothec upon the ship for repayment.


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Captain Dunlop, master of a ship belonging to Mathew Bogle, which was going to Virginia, got repairs of ropes made upon her at Port-Glasgow before she sailed, to the amount of about L. 90 Sterling.

In a competition among Mathew Bogle's creditors for the value of this ship, which had been sold, and the price of which was in a trustee's hands, the Rope-Work Company, furnishers of the ropes, insisted, That they had a hypothec on the ship, and a preference on the price before Mr Bogle's other creditors.

Answered, 1mo, A ship cannot be hypothecated, except by the express paction of the master; there is no implied hypothec upon ships. 2dly, The master cannot hypothecate the ship for repairs, even by express paction, except in a foreign port; and this he is allowed to do, only from the necessity of giving him such a power, as without it he would get no credit for her repairs.

‘The Lords found the Rope-Work Company preferable.’

Act. Lockhart, Ferguson. Alt. Miller, Jo. Dalrymple. Clerk, Home. Fol. Dic. v. 3. p. 296. Fac. Col. No 28. p. 56.

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


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