Date of Decision: 1773
Abstract: James Wilson and Company of Kilmarnock manufactured woolen for carpets to be sold in London. Since 1762, Malcolm Hamilton and Company served as an agent for James Wilson & Company, so it furnishes large quantities of goods and in particular carpets to be sold in London. The dispute relates to a large quantity of James Wilson & Company's carpets left in a wharf cellar in London for five years. James Wilson & Company argues that because of Malcolm Hamiliton & Company's negligence it suffered some loss. It was also mentioned that Hamilton and Company was in the utmost hurry and confusion on the account of the bankruptcy of Macculloch & Company which had connection with it. Thus, James Wilson & Company seeks payment of debts allegedly owed by Malcolm Hamilton & Company to it, on account of goods which were sent in the course of the commercial relationship. Pursuer claims that the carpets have been significantly damaged due to Malcolm Hamiliton & Company's neglect. Defender disputes that its negligence have occasioned the loss.
Subjects: Agent, Debt, Sell of goods

Published Report

Not Reported

Litigants

Pursuer:
James Wilson and Company
Defender:
Malcolm Hamilton & Company, Acted as factor or agent for James Wilson & Company

People or Organizations Associated with Case

Advocate for Defender:
William Craig, Lord Craig
Advocate for Pursuer:
Robert Cullen, Lord Cullen
Lord Ordinary:
Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia
Named in case documents:
John Wilson, Partner in Wilson and Company
Macculloch & Company, Did business with Hamilton and Company but went bankrupt