Date of Decision: 27 Jan 1767
Abstract: In 1763, Glasgow merchant James Dunlop, whose affairs at the time were in a state of confusion, arranged for Alexander Speirs, Andrew Blackburn, and Andrew Syme to become his trustees. Under this agreement, Speirs et al agreed that all debts they recovered on Dunlop's behalf would go first to paying for the duties Dunlop owed on imported tobacco. In July 1763, the ship Betsy arrived in Greenock from Virginia with tobacco belonging to James Dunlop and 16 hogsheads of tobacco consigned to Thomas and Alexander Peters of Glasgow by Walter Peter and Company in Virginia. Dunlop traveled to Greenock to enter his tobacco. At the request of Thomas and Alexander Peters, Dunlop entered in their 16 hogsheads well and was repaid the import duties. When Thomas and Alexander Peters could not secure the delivery of their 16 hogsheads from Dunlop, they brought action against Dunlop in the Court of Session, and as a result the tobacco was arrested in the hands of Josiah Corthine, collector of the customs at Port Glasgow. In August 1764, Dunlop and his agents William Wallace and William King exported 89 hogsheads of tobacco in the ship Hero for Bourdeaux, and they were to receive payment from Corthine on this shipment as a drawback. The Pursuers claimed a right to this sum as repayment for their tobacco, and Speirs et al claimed a right to this sum under trust-right from Dunlop in bankruptcy.
Subjects: Bankrupt, Debt, Tobacco, Virginia

Published Report

William Morison, The Decisions of the Court of Session (1811), 1218 Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), 179


Josiah Corthine, Customs office at Port Glasgow
Thomas Peter, Creditor of James Dunlop, Agent for Walter Peter and Company
Alexander Peter, Creditor of James Dunlop, Agent for Walter Peter and Company

People or Organizations Associated with Case

Named in case documents:
Alexander Speirs, Esq., of Elderslie, Trustee for the creditors of James Dunlop
Andrew Blackburn, Trustee for the creditors of James Dunlop
Andrew Syme, Trustee for the creditors of James Dunlop
James Dunlop Jr., Debtor
William King, Agent for James Dunlop
William Wallace, Agent for James Dunlop
Walter Peter and Company
Walter Peter
Walter Monteith, Creditor of James Dunlop
John Ingram, Creditor of James Dunlop
Hugh Blackburn, Creditor of James Dunlop
Alexander Wight, Advocate for trustees
Lord Ordinary:
James Erskine, Lord Barjarg and Alva, Lord Ordinary for 1769 interlocutor