Date of Decision: 4 Jul 1776
Abstract: Pursuer John Grant is a creditor of John Taylor. Taylor is apparently insolvent and unable to repay Grant. Grant obtained two letters of horning against Taylor for his failure to repay. Grant learned that defender George Thomson, an innkeeper in Leith, was a debtor of Taylor. Grant used arrestments to bring an action against Thomson for the sum he owed to Taylor. Thomson had granted two bills payable to Taylor for the sum owed, which were then indorsed by Taylor to defender Alexander Ogilvie as clerk of the Edinburgh rope-work company. (Taylor also owed money to this company for the purchase of ropes and sails.) The defenders maintain that sums due by bill are not subject to arrestment. Grant concedes that this is true in the case of a bona fide indorsee. Grant maintains, however, that the bills are subject to arrestment where transactions are used to shield a debtor's assets from creditors. The defenders respond that the transactions at issue are bona fide and arms-length transactions.
Subjects: Arrestment, Debt

Published Report

Not Reported

Litigants

Pursuer:
John Grant, Factor for the tutors of Thomas Earl of Elgin
Defender:
George Thomson
Alexander Ogilvie

People or Organizations Associated with Case

Advocate for Pursuer:
Adam Rolland
Advocate for Defender:
Robert Cullen, Lord Cullen
Named in case documents:
John Taylor, Common debtor
Lord Ordinary:
Lord Hailes

Organizations