Date of Decision: 9 Jan 1770
Abstract: Robert Wither, a merchant in Stranraer, died in 1763, leaving many debts to his creditors. Thomas Naismith was one of Wither's creditors. Naismith was selected by the group of Naismith's creditors to manage the affairs of Wither's estate and organize payments to Wither's creditors. Alexander Kennedy of Ayr was one of Wither's creditors. Before Kennedy was paid by the Wither estate, his own affairs went into disorder. Two of Kennedy's creditors, Robert Muir and Fisher and Bannatyne, pursued arrestments in the hands of Mr. Naismith for the sums due by Wither to Kennedy. Pursuer William Allison is an agent for Kennedy's creditors. Naismith and Allison are now in a dispute about the management of Wither's estate.
Subjects: Bankruptcy

Published Report

Not Reported

Litigants

Defender:
Thomas Naismith
Pursuer:
William Allison, Assignee of Merss. Fisher and Bannatyne and Father-in-law to Kennedy
Fisher and Bannatyne, Assigned their claim to William Allison

People or Organizations Associated with Case

Named in case documents:
Alexander Kennedy, Creditor of Robert Wither
Robert Wither, Decedent-debtor
Advocate for Defender:
Robert Cullen, Lord Cullen
Advocate for Pursuer:
William Craig, Lord Craig

Organizations