Thomas Masterton (1826-1861)

Thomas Masterton (1826-1861)

Arbroath Skipper

Thomas Masterton was cited in legal proceedings in 1857 in connection with the loss of part of a cargo of wheat from Alexandria.

Genealogy

Thomas Masterton was the fifth child and fourth son of Thomas Masterton, mill manager, and Agnes Machar, who had married in 1817 in Arbroath, Angus, Scotland. Thomas married Jane Allan Salmond in 1850 in Arbroath. He is part of the large Masterton family from Forfar and further details can be found bt following this link.


The Glasgow Herald

GLASGOW COURT OF JUSTICIARY.
MONDAY, OCT. 5.
[Before Lord COWAN .]
The Court resumed at ten o'clock.

CIVIL CAUSE.
JAMES CLOW & COMPANY v. ROBERT KIDD and THOMAS MASTERTON.

Lord Cowan and a jury were engaged during the day in the Upper Court in the trial of a civil cause, in which the pursuers were James Clow & Company, grain merchants in Glasgow, and the defenders Robert Kidd, shipowner, Dundee, and Thos. Masterton, now or lately residing in Glasgow.

The issues in the cuase were as follows:- It being admitted that by charter-party, dated 12th June, 1854, the defender, Robert Kidd, agreed that the brig Vera of Dundee, of which he then was the owner, and of which the defender, Thomas Masterton, was master, should proceed to Alexandria in Egypt, and there load a full and complete cargo of wheat, and should deliver the same at a port of discharge in the United Kingdom, according to instructions to be afterwards given to the master on his arrival at Falmouth or Queenstown, for behoof of Popolani Brothers, merchants, Alexandria, or their assignees. It being also admitted that the said Thomas Masterton, defender, master of said vessel, signed two bills of lading, Nos. 6 and 7 of process, dated respectively 6th and 11th October, 1854, for certain quantities of wheat shipped on board said vessel, to the order or assignees of the said Popolani Brothers: and, it being further admitted that the said wheat having being (sic) purchased by the pursuers from the said Popolani Brothers, the pursuers acquired right to the two bills of lading and the said wheat for which the same were granted, and sent orders to Cork, addressed to the said Thomas Masterton, master, to deliver said cargo of wheat at Glasgow, where the said vessel arrived on or about the 3d of March, 1855: Whether, owing to the fault or negligence of the defenders, or one or other of them, the said wheat, conisting of 1418 6-8 quarters, or thereby, or part thereof, was not delivered to the pursuers in good order and condition, to the loss and damage of the pursuers? Damages claimed, £2000 sterling.

The trial lasted till half-past six o'clock, when the evidence on both sides having been concluded, the Court adjourned till Tuesday morning at ten o'clock.

The jury, after being confined six hours, by a majority of eleven to one, found a verdict for the pursuers. Damages, £500.

Counsel for the Pursuers - Messrs. Penney and Miller. Agent - John Ross, S.S.C.

Counsel for the Defenders - Messrs. McFarlane and Scott. Agents - Hill and Robertson, W.S.

Glasgow Agents. - For the Pursuers - Smith & Wright. For the Defenders - Burrell & Auld.

The Glasgow Herald
Wednesday 7th October 1857