Date of Decision: 27 Jul 1770
Abstract: Pursuers Thomas Peter, William Bogle, and Robert Marshall are creditors of James Dunlop, merchant of Glasgow. Defenders Speirs, Blackburn, and Andrew Syme are Dunlop's trustees. Shortly after granting trust-rights to Speirs, Blackburn, and Syme, Dunlop went bankrupt. The pursuers refuse to bind themselves to Dunlop's trust, preferring instead the ordinary remedies of law to collect their debts. The pursuers arrested quantities of tobacco and hogshead staves from Dunlop's ship, en route from Virginia to Port Glasgow. At issue in this case are the relative rights of Dunlop's creditors and trustees. The trustees maintain that, because the effects at issue were located in Virginia at the time Dunlop executed the trust-right, and not subject to the laws of Scotland, the effects rightfully belonged to the trustees and were not subject to arrestment.
Subjects: Bankruptcy, Trustees

Published Report

William Morison, The Decisions of the Court of Session (1811),

Litigants

Pursuer:
Thomas Peter
William Bogle
Robert Marshall
Defender:
Speirs, Trustee for James Dunlop
Blackburn, Trustee for James Dunlop
Andrew Syme, Trustee for James Dunlop

People or Organizations Associated with Case

Advocate for Pursuer:
Robert Blair

Organizations