Date of Decision: 18 Dec 1766
Abstract: This case is a dispute among the creditors of David Macfarlane, merchant of St. Christophers (St. Kitts). Acting as joint petitioners, Macfarlane's creditors submitted a claim to a parcel of sugar sent by David Macfarlane from St. Croix in 1764 by the vessel Triton, Captain Towers and shipped to Macfarlane's agent in Port Glasgow, James King. The petitioners claimed that although Macfarlane had consigned some of the sugar to James King, the property of the sugar remained with Macfarlane, giving Macfarlane's creditors a right to it. In August 1766, the Court of Session ruled against the petitioners. In November 1766, Messrs. Greenshiels and Wardrope petitioned the court again, this time on their own, claiming that they did not receive the notification of the sugar shipment that some of the other creditors, specifically John Glen, had received from David Macfarlane that they believed had prejudiced the court against the petitioners. After becoming insolvent by 1766, Macfarlane had left St. Christophers for the Danish island of St. Croix to escape the legal reach of his creditors. In December 1766 the Court adhered to its earlier interlocutor.
Subjects: Caribbean, Debt, Shipping

Published Report

Not Reported

Litigants

Pursuer:
John Glen, Creditor of David Macfarlane
Greenshiels, Creditor of David Macfarlane
Wardrope, Creditor of David Macfarlane
Defender:
David Macfarlane

People or Organizations Associated with Case

Named in case documents:
James King, Agent for David Macfarlane
John Tennent, Business partner of David Macfarlane
John Fordyce, Creditor of David Macfarlane
Alexander Moir, Consigned sugar to James King through David Macfarlane
Charles Arthur, Consigned sugar to James King through David Macfarlane
George Brown
Advocate for Pursuer:
Alexander Lockhart, Solicitor for Greenshiels and Wardrope
Robert Cullen, Lord Cullen, Solicitor for Mess. Cross and Bogle, George Brown, and others

Organizations