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.
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)
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.
