Date of Decision: 1773
Abstract: In 1739 James Findlay entered into a partnership with John Graham, James Stirling, Alexander Wotherspoon, and John Buchanan for the slaughtering and selling of cattle. Wotherspoon was appointed clerk, bookkeeper, and cashier of the partnership. Findlay was responsible for purchasing cattle and selling live cattle that were not fit for slaughter. Findlay was illiterate so he relied on Wotherspoon to keep proper accounts of the business. The partnership dissolved shortly thereafter, in February 1740. The partners sought to settle all the accounts of the business. Findlay alleges that Wotherspoon was negligent in maintaining the company's accounts. Findlay argues that the partnership owes him money for fifty cows he purchased in 1739 for the partnership. The defenders claim that Findlay is actually in debt to the company. They argue that Findlay was reimbursed for the payment for fifty cows, or that he made this payment using company funds rather than his own funds.
Subjects: Copartnership, Debt

Published Report

Not Reported


James Findlay
John Graham, Son of John Graham, co-partner in cattle business
Alexander Wotherspoon, Co-partner in cattle business, also appointed clerk, bookkeeper, and cashier
James Stirling, 11th of Craigbarnet, Co-partner in cattle business
John Buchanan, Co-partner in cattle business

People or Organizations Associated with Case

Advocate for Pursuer:
William Craig, Lord Craig
Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth
Advocate for Defender:
Patrick Murray, of Cherrytrees
Adam Rolland, of Gask
Named in case documents:
John Graham, Co-partner in cattle business. Deceased, his son John Graham is named defender.
Lord Ordinary:
Hew Dalrymple, Lord Drummore
Lord Woodhall
Henry Home, of Kames, Lord Kames