Date of Decision: 27 Jun 1771
Abstract: In the early 1750s, pursuer James Kempt and defender David Liddel entered into a co-partnership for distilling spirits. In 1752 Kempt sued Liddel for outstanding debts arising from the partnership. One piece of evidence in the litigation was a cash-book mostly written by Liddel. The suit was dormant until revived in 1766. By this time the original cash-book written by Liddel was missing. In its place Kempt supplied a cash-book written by him (Kempt) or another person. Liddel maintains that this newer cash-book does not contain the original records of the co-partnership and therefore cannot be used against him in the litigation.
Subjects: Debt, Evidence

Published Report

Not Reported

Litigants

Pursuer:
James Kempt
Defender:
David Liddel

People or Organizations Associated with Case

Lord Ordinary:
Lord Barjarg
Advocate for Pursuer:
William Craig
Advocate for Defender:
John Maclaurin

Organizations