John Smith entered into an indenture to be an apprentice to John Gardner, a wright. Smith’s grandfather John Wardrop also was a party to the agreement, having agreed to provide board and washing for his grandson. The agreement had a term of three years and would be enforced by a £5 Sterling penalty if either side failed to perform its obligations. Smith entered into Gardner’s service, but he left the apprenticeship after about a year. Gardiner charged Smith and Wardrop for payment of the £5 Sterling penalty. However, Smith and Wardrop argued that the indenture agreement was void because it lacked a stamp signifying payment of a statutory duty. They also alleged that Gardner had taken up smuggling and was deficient in providing instruction.
Documents in this case (4)
- John Gardner v. Smith and Wardrobe — Petition, 23 Nov 1773November 23, 1773 Reclaiming Petition of John Smith and John Wardrop, asking the Court to alter the interlocutor which upholds the validity of an indenture void under the 8th Anne statute for lacking proper duty and sta…
- John Smith and John Wardrop v. John Gardner Wright — Answers, 14 Dec 1773Petitioner John Smith seeks to void indenture with respondent John Gardner Wright on grounds of un-stamped apprenticeship contract and alleged inducements, but respondent denies these claims and asserts the indenture is…
- John Gardner v. Smith and Wardrobe — Petition, 5 Aug 1774August 5, 1774 Petition of John Smith and John Wardrop asking the Court to alter its interlocutor on the validity of an indenture for apprenticeship, where duties were not paid for the two guineas agreed to Mrs Gardner
- John Smith and John Wardrop v. John Gardner Wright — Answers, 30 Nov 1774November 30, 1774 Answers by John Gardner Wright to the petition of John Smith and John Wardrop, responding to the argument that the indenture is void due to a gift to his wife
People & places in this case
People involved
- John Smith — Suspender
- John Wardrob — Suspender
- John Gardner — Charger
- Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth — Advocate for Suspender
- Patrick Murray, of Cherrytrees — Advocate for Charger
- Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia — Lord Ordinary
Places
- Glasgow (principal)
