Date of Decision: Dec 1766
Abstract: This case was a dispute among the creditors of David Macfarlane, a merchant of St. Christophers (St. Kitts). In 1764, Macfarlane sent a shipment of sugar from St. Croix to Port Glasgow, consigning it to James King. Macfarlane instructed King to sell the sugar and apply the proceeds to pay certain of Macfarlane’s creditors, who were set forth in a list. When the sugar arrived in Scotland, however, some of Macfarlane’s creditors sought an arrestment. This led to a competition among Macfarlane’s creditors. In the course of the proceeding, the Lord Ordinary ruled that the consigned sugar could not be arrested, and a group of joint petitioners sought review. In August 1766, the Court of Session ruled against them. In November 1766, Messrs. Greenshiels and Wardrope petitioned the court again, this time on their own, arguing that they should be treated differently from other creditors because they did not receive notice of the shipment. In December 1766 the Court adhered to its earlier interlocutor.
Subjects: Arrestment, Caribbean, Debt, Shipping

Published Report

Not Reported

Litigants

Petitioner:
Mess. Greenshiels and Wardrope
John Glen, of Assloss, Creditor of David Macfarlane
Respondent:
Mess. Cross and Bogle
George Brown

People or Organizations Associated with Case

Advocate for Respondent:
Robert Cullen, Lord Cullen, Advocate for Mess. Cross and Bogle, George Brown, and others
Named in case documents:
James King Sr., Agent for David Macfarlane
Thomas Hutchison, Agent for David Macfarlane
John Tennent, Joint venturer with David Macfarlane
Fordyce, Grant, and Company, Creditor 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
John Penman, Creditor
David Macfarlane, Debtor
Robert Thomson, Former business partner of Macfarlane
Lord Ordinary:
Alexander Boswell, Lord Auchinleck
Advocate for Petitioner:
Alexander Lockhart, Lord Covington, Advocate for Greenshiels and Wardrope