AI-transcribed

Solicitors are frequently called law agents, or simply agents.

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.

Legal Subject: Agent

Case Date Legal Subject Abstract
Alexander Dick Junior v. William Richardson 1838 Prescription, Interlocutor, Agent, Witness, Debt, Process Alexander Dick Junior sought suspension of a Glasgow magistrates' decree enforcing payment of £26:15:2 against him, alleging procedural and evidentiary flaws in the underlying action and disputing the law account charges, including a contested item dated April 1830. The litigation proceeded with challenges regarding procedural irregularities in proof, culminating in the Court's rejection of pleas of prescription and incompetence of bill, upholding the account as valid and awarding expenses against Dick as suspender. Dick subsequently petitioned to suspend William Richardson concerning disputed authorship and possession of legal documents arising from prior Richardson & Porter cases.
Beck v. M'Clone 1785 Factor, Agent, Debt, Damages, Bargain, Aliment This case was about a contract dispute. The defenders, Samuel Macclone Jr. and Samuel Macclone Sr., lived on the farm of Ross. The pursuer, John Beck, alleged that Samuel Jr. had agreed to sell him the farm’s entire output of oats. The Macclones responded that Samuel Jr. had no authority to make the bargain on behalf of his father, who was the sole tenant, and that Beck had known this when he allegedly entered into the transaction.
Cairns v. Common Agent in Ranking of Newlaw 1791 Debt, Interest, Bankruptcy, Sale, Cautioner, Agent Thomas Cairns of Dundrenan, Esquire, petitioned the Court against the Common Agent in Ranking of Newlaw. He sought exoneration from the price of lots 1st and 7th of the estate of the deceased David Currie and delivery up of the bond.
Cassillis v. Stephenson 1776 Ranking of Creditors, Debt, Interlocutor, Ranking and Sale, Creditor, Agent The parties in this case were creditors of the late William Donald, a merchant in Ayr. Through an agent, Andrew Stephenson, respondent, brought a process to rank the creditors, and representatives of the creditors met to select a common agent. Petitioner David, Earl of Cassilis, claimed that at the meeting a majority of creditors voted for Alexander Abercrombie to be the common agent. However, respondent Stephenson and others preferred George Tod. Following the meeting, Lord Gardenstone, Ordinary, nominated and authorized George Tod as common agent. Cassilis et al. sought review from the Lords of Session, arguing that Abercrombie was selected as common agent by a majority of creditors and by a majority of the value of the debts represented. The petitioners also argued that, as “preferable” creditors, they had priority over the respondents, who were “postponed” creditors. Stephenson et al. disputed specific votes at the creditor meeting, arguing that certain agents for the petitioners were not authorized to vote for Alexander Abercrombie. Some creditors, they argued, did not meet the threshold amount of debt to gain a vote. For all the other creditors who met the threshold amount of debt, the respondents rejected any distinction between preferable and postponed creditors for the ranking of creditors.
Farquhar et al, Heritors in Brechin v. Garie 1798 Church of Scotland, Succession, Presbytery, Agent, Heritor, Ministers Farquhar and the other heritors in Brechin, as pursuers, challenged defender Mr James Garie’s ordination and parish eligibility, citing his lack of Scottish theological training and his dissenting ordination by non-Presbyterian bodies. Based on the single document cataloged for this case.
George Forbes v. Ann Mackenzie and Richard Paterson 1775 Agent, Debt, Poor's Roll, Sequestration, Contract, Adjudication Defenders Ann Mackenzie and Richard Paterson retained pursuer George Forbes to help them recover a £. 200 bond granted to Mackenzie’s deceased father. Mackenzie and Paterson subsequently learned that they were eligible to receive court-appointed counsel through the “poor’s roll.” They successfully petitioned the Court of Session for the benefit of the poor’s roll and had the contract with Forbes voided. Forbes, who had already started working to recover the bond, sued Mackenzie and Patterson for the balance on their account. Mackenzie and Paterson disputed the amount that was owed and claimed that it should not be due until they had successfully recovered payment for the bond.
George Taylor v. Mrs. Taylor, or Binnie 1831 Aliment, Divorce, Adultery, Libel, Proof, Agent George Taylor, as pursuer in a divorce action against Mrs. Taylor, or Binnie, reclaimed against Lord Newton's interlocutors and requested that the Court recall them. The Court resolved to obtain the opinions of the judges on whether proof of remissio was prejudicial and should precede proof of the adultery. The consulted judges returned answers to the questions posed by the Lords of the First Division regarding the plea of remissio in the divorce action.
Jameson v. The Paisley Banking company 1797 Debt, Bankruptcy, Property, Sequestration, Creditor, Agent Robert Jameson, trustee of the sequestrated estate of Alexander Birnie, sought to alter an interlocutor that had declared cash and bank notes found in Birnie's private desk to be the property of the Paisley Banking Company, contending that these funds formed part of the bankrupt estate. The Bank and its cashier answered the petition, defending their title to the money discovered in the possession of their former agent.
John Scougal v. Robert Young, and Others 1798 Insurance, Fraud, Reduction, Agent, Debt, Adjudication John Scougal sued Robert Young and the other underwriters for an unpaid average loss on flax and pot ashes damaged when the vessel ran aground, notwithstanding that most of the underwriters had already settled. The defenders argued that the insurance policy had not been ordered before the loss was known, and maintained that even if it had been, they were not deceived by any concealment.
Lindsay and Allan v. John Campbell 1800 Agent, Admiralty, Debt, Adjudication, Aliment, Arrestment Pursuers Lindsay and Allan sued Defender John Campbell for the price of a cable that they provided to his ship at the port of Greenock, the ship's home port. The cable was ordered by Daniel Clark, the ship’s master, without Campbell’s approval. In his defense, Campbell argued that a ship’s owner was not bound to pay for furnishings ordered by the master in a home port. However, Lindsay and Allan contended that an owner was liable for any ordinary furnishings ordered by the master, whether or not the ship was in a home port.
Marshall v. Youngson 1798 Procurator, Court of Session, Agent, Interlocutor, Clerks of Session, Jurisdiction James Marshall, Writer to the Signet, petitioned the Court to alter a recent interlocutor respecting the offices held by Alexander Youngson. Youngson answered, defending his concurrent practice as procurator before the High Court of Admiralty and Writer to the Signet on the ground that the two roles were not incompatible. The dispute turned on whether the office of Writer to the Signet could be held consistently with acting as a procurator in the Admiralty Court.
Milne v. Robinson, W.S 1798 Debt, Arrestment, Creditor, Agent, Adjudication, Hypothec Alexander Milne, George Taylor, and John Fife petitioned the Court to overturn Lord Armadale's interlocutor granting George Robinson, Writer to the Signet, preference over their arrestments. Robinson answered, defending his priority against the pursuers' challenge.
Mures, et al v. Hannay, et al. 1793 Agent, Debt, Sale, Interlocutor, Creditor, Statute Sir Samuel Hannay and his co-defenders petitioned the Court to alter the Lord Ordinary's interlocutor, requesting either that the Court fix a time and place for creditors to elect a common agent for the sale and ranking or that it appoint Archibald Swinton or another person to that office. Based on the single document cataloged for this case.
Quirk v. Buchanan 1793 Debt, Bill of Exchange, Creditor, Agent, Interest, Arrestment Pursuer Matthew Quirk petitioned the Court to remit the interlocutor of Lord Dreghorn refusing a bill of suspension against defender Buchanan. Based on the single document cataloged for this case.
Riddell v. Grosset 1791 Tack, Reduction, Rent, Agent, Aliment, Damages Sir James Riddell petitioned the Court of Session to apply the judgment of the House of Lords reversing the interlocutor that assoilzied him from the process of reduction against Grosset. Based on the single document cataloged for this case.
Robb v. Bogg 1794 Interlocutor, Agent, Clerks of Session, Mala Fides, Suspension, Act of Parliament In Robb v. Bogg, Thomas M'Grugar petitioned the Court to alter an interlocutor that had turned a null decree into a libel and ordered him to plead the merits. Based on the single document cataloged for this case.
Ross v. Forbes, Hunter, and Company 1792 Agent, Interlocutor, Insurance, Creditor, Debt, Statute Donald Ross petitioned the Court to alter its recent interlocutor in an action against Forbes, Hunter, and Company regarding liability for damages. The defenders answered petitions by Catharine Ross and Alexander Mackenzie by arguing that they were not liable because the broker and underwriters were directly responsible. The litigation thus turned on whether the defenders could avoid liability by attributing responsibility to these third parties.
The Society of Solicitors before the Court of Session, &c v. The Keeper, Commissioners, and Society of Clerks to the Signet 1799 Interlocutor, Agent, Libel, Debt, Adjudication, Bill of Exchange In 1796, the Society of Clerks (Writers) to the Signet passed a regulation increasing their fees for various writs. The Society also enacted rules designed to exclude other practitioners from privileges claimed by the Clerks. The Society of Solicitors of the Court of Session, an incorporated group of agents, filed a complaint against the new regulations.
Waugh v. Trustees for Ruecastle's Creditors 1789 Agent, Trust, Process, Proof, Witness, Arrestment Thomas Waugh, writer in Jedburgh, petitioned against a Lord Alva interlocutor, objecting to the admissibility of Andrew Reid as a witness. The Trustees for Ruecastle's Creditors, together with Richard Tod, merchant in Leith, and other creditors of Walter Ruecastle and John Scott, answered the petition, defending Reid's qualification to testify.
Wilson and Company v. Hamilton and Company 1772 Debt, Agent, Sell of goods, Arrestment, Interlocutor, Libel James Wilson and Company of Kilmarnock manufactured woolen carpets for sale in London. Since 1762, Malcolm Hamilton and Company had served as James Wilson & Company's London agent . The dispute related to a large quantity of James Wilson & Company's carpets left in a wharf cellar in London for five years. James Wilson & Company argued that because of Malcolm Hamiliton & Company's negligence it suffered some loss. The pursuer claimed that the carpets had been significantly damaged due to Malcolm Hamiliton & Company's neglect. The defender disputed these claims.
Wilson, et al v. Clerks of Session 1789 Agent, Process, Succession, Aliment, Sequestration, Libel Janet Wilson, widow of James Maiklem, and Maiklems pursued the Clerks of Session for indemnification for the loss of a process and the costs of reinstating the action. The Clerks answered, denying any fault and asserting that the process had been duly transmitted and returned.

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