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16 Jul 1771
Debt

Andrew Farquhar, a shopkeeper in Edinburgh, owed money to defender John Angus, a merchant in Edinburgh. To satisfy this debt, Farquhar indorsed to Angus a bill payable by pursuer Thomas Manson. Farquhar later went bankrupt and was committed to prison. Manson refused to pay the bill and alleged that the transaction between Farquhar and Angus was "fraudulent and usurious." Manson argued, for example, that Angus sold goods to Farquhar at exorbitant profits. Angus denied this claim and maintained that Manson must pay the bill.

Documents in this case (2)

  • Angus — Memorial, 27 Feb 1771
    February 27, 1771 Information of the memorialist, arguing that the bill was never indorsed to him and that Farquhar was not the holder at the time of presentation
  • Angus — Petition, 26 Jul 1771
    July 26, 1771 Information of the petitioner, arguing that a bill received in payment of a just debt cannot be challenged after bankruptcy under the act 1696

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Where this case took place

Andrew Farquhar, a shopkeeper in Edinburgh, owed money to defender John Angus, a merchant in Edinburgh. To satisfy this debt, Farquhar indorsed to Angus a bill payable by pursuer Thomas Manson. Farquhar later went bankrupt and was committed to prison. Manson refused to pay the bill and alleged that the transaction between Farquhar and Angus was "fraudulent and usurious." Manson argued, for example, that Angus sold goods to Farquhar at exorbitant profits. Angus denied this claim and maintained that Manson must pay the bill.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. Bankrupt App. Pt. 1 P. 15
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 423

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