Legal Subject: Credit |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Drew v. Calder | 1778 | Bill (Financial Instrument), Credit, Debt, Aliment, Bill of Exchange, Sequestration | Thomas Calder died owing money to his brother-in-law, Charles Drew, and to Drew's brother, Robert. When Charles Drew went bankrupt, Robert Drew pursued John Calder of Davidstoun, brother of the late Thomas Calder, for sums owed. Lord Monboddo, the Lord Ordinary, ruled that John Calder was indeed liable for his brother's share of the debts, but Calder petitioned the Court of Session contesting this decision. He argued that the various bills granted by Thomas Calder to the Drew brothers were not for value received. Rather, he argued that these bills represented lines of credit that were never spent. Robert Drew answered that the bills were clearly given for value received, and that John Calder was merely trying to draw out the litigation process in order to postpone settling his brother's debts. |
| Duguid v. Hall, et al | 1788 | Debt, Interlocutor, Credit, Oath, Caution, Contract | James Duguid petitioned the Court to alter the Lord Ordinary’s interlocutor and suspend the letters simpliciter issued against him, challenging the enforcement of a Magistrates’ decree. John Hall, John Tenant, and William Sprott answered, asserting that the Magistrates’ decree had been properly enforced and the petitioner’s claims were groundless. |
| Eden, et al. v. Anstruther, et al | 1792 | Debt, Cautioner, Creditor, Bankruptcy, Credit, Interlocutor | Messrs Eden, Ridley, and Co. pursued Sir John Anstruther, Dr Steuart Threipland, George Oswald, and the representatives of John Mackay for £2,000 under bonds of credit granted in 1776. The defenders denied liability, Anstruther contending that his bond was never operated upon by Robert Fall individually and that no money had been drawn under it, while Threipland, Oswald, and Mackay asserted that no account had been opened on their bond and that the claim exceeded its scope. The litigation involved petitions to alter interlocutors and to remit to the Lord Ordinary, together with arguments that the formation of a new copartnery following Charles Fall's death rendered prior interlocutors open to reconsideration and requests to lodge replies regarding cash-account practice. |
| William Baxter v. Bell and Maxwell and Others | 1800 | Debt, Compensation, Factor, Creditor, Credit, Arrestment | The defenders in this case, a group of soap and candle makers, purchased wicks from James Hutchison Jr. In turn, they sometimes sold their goods to Hutchison. Rather than paying separately for each transaction, the merchants periodically settled their accounts and paid the balance in cash or by bill. Unbeknownst to the defenders, Hutchison was selling the wicks on commission from pursuer William Baxter. When Hutchison died, Baxter sued the defenders for the price of certain wicks that they had received. However, the defenders argued that Hutchison owed them a larger sum, and that Baxter must bear the risk of misconduct by Hutchison, his consignee. |
| William Gilmour and Others v. William Finnie and Benjamin Greig | 1832 | Expenses, Assignation, Credit, Interest, Suspension, Interlocutor | William Finnie and Benjamin Greig, defenders in the action raised by William Gilmour and others, presented a reclaiming note against an interlocutor pronounced by Lord Corehouse. Based on the single document cataloged for this case. |
Documents discussing this subject (85)
- Agnes Watson and James Taylor v. Agnes Mathie and James Weir — Replies, 9 Mar 1775
- Alexander Annand v. James Rose — Answers, 13 Jun 1758
- Alexander Morrice v. George Burnet and Others — Summons, 13 Dec 1828
- Alexander Morrice v. George Burnet — State of the Process, 17 Jun 1830
- Alexander, William, and George Smart v. John Young — Appendix to Reclaiming Note, 17 Nov 1831 [2]
- Ans. BELL & MAXWELL, &c. TO THE Pet. WILLIAM BAXTER senior. M. Montgomerie, Agent. M. Clk. ANSWERS FOR Messrs Bell and Maxwell, and Messrs George and James Christie, Soap and Candl
- Anstruther — Information, 11 Oct 1792
- Answers — Ans.—Moncrieff Mitchell to the Pet.—Adam Ferrie. Answers for Moncrieff Mitchell and William Smith, Merchants in Glasgow, designed Trustees and Commissioners on the Estate of William Black and Company, Merchants in Glasgow ; and for William…
- APPENDIX, Containing the ACCOMPTS Referred to in the Preceeding Information.
- APPENDIX. EXCERPTS from FIRST REPORT. [From the Subauditor's Report, so far as regards the present Question under Review.]
- Archibald Trotter v. Andrew Cochran, John Murdoch, and Company — Information, 5 Feb 1760 [2]
- Burton — Petition, 16 Jun 1795
- Creditors for William Hunter v. David Armstrong and William Johnstone — petition, 28 Jan 1778
- David Paterson v. John Pollock — Duplies, 21 Feb 1811 [2]
- David Staig v. James Gracie — Appendix, 24 Dec 1806
- David Staig v. James Gracie — Memorial, 14 Apr 1812 [2]
- David Strong v. Thomas and Lawrence Jamieson — Replies, 11 Jun 1807
- David Young v. James Stormonth — Condescendence, 19 Jul 1815 [2]
- Dewar and Orr v. Kenneth M'Lennan — Answers
- Donald Fraser Mackenzie v. John Ledingham — Answers, 20 May 1824
- Donald M'Donald v. Robert M'Lintock Junior, Hector Cameron, Taylor and Drummond, William Anderson, Edmund and Fairlie, Patrick Campbell and Company — answers, 29 Feb 1780
- Duguid v. Hall, et al — Petition, 26 Jan 1788
- Duncan Wright v. Sir James Steuart Denham and John Burns — State of the Process, 21 Mar 1828
- Eden — Petition, 12 Dec 1793
- Eden, Ridley, Cookson, Widdrington, and Company v. Sir John Anstruther — Answers, 7 Jan 1794
- Farie & Company v. Lawson — State of the Process, 2 Oct 1827
- Findlay v. Graham — Answers, 23 Jul 1772
- George Dundas of Dundas v. Thomas Dundas, elder and younger, of Fingask — Information, 11 Jan 1759 [2]
- George v. Christie — Petition, 8 Mar 1788
- James Barry v. James and John Wallace — Answers, 7 Mar 1793
- James Duguid v. John Hall, John Tenant and William Sprott — Answers, 14 Feb 1788
- James Findlay v. John Graham of Dougaldston and others — Replies, 26 Feb 1773
- James Turnbull v. David Hill — Bill of Suspension, 6 Feb 1830
- Janet Budge v. Henrietta, &c. Sinclairs, James Sinclair of Harpsdale, and Katharine Sinclair — Replies, 11 Jul 1772
- John Campbell Tertius v. William Murray — Information, 11 Jan 1807
- John Lawrie v. Messrs Dunlop, Hamilton, & Company, and Hercules Scott & Company, and others — Replies, 1 Jun 1811
- John Pollock v. John Kirkwood — Answers, 18 Jun 1826
- John Rankine v. David Whyte — Answers, 13 Jul 1780
- John Young v. Sir Hew Hamilton — Answers, 17 May 1805
- Joseph Ramage v. Mrs. Jean Charteris — Answers, 20 Apr 1782
- Joseph Ramage v. Mrs. Jean Charteris — Answers, 31 Jan 1782
- LC Volume 02 — Petition, 12 Jul 1786 [2]
- LC Volume 02 — Petition, 3 Mar 1790 [2]
- LC Volume 04 — Petition, 2 Dec 1814 [2]
- LC Volume 06 — Petition, 9 Sep 1819
- MANIFEST of the Cargo on board the Ship SARAH, Captain MATTHEW DUNNETT, from Alexandria in Virginia.
- Matthew Hunter and Company v. John Forsyth — Answers, 19 Jun 1804
- Mess. Eden & Co. v. Sir J. Anstruther — Information, 11 Dec 1792
- Messrs Reed and Fraser v. Lieutenant-Colonel Patrick Maxwell — Answers, 26 Jun 1816
- Mrs Mary Dinwiddie Blackwood or Bayne v. Mrs Janet Liddell Steele or Stodart, James Stodart, Mary Elizabeth Steele, Andrew Steele, and Helen Barbara Steele — Answers, 3 Dec 1834
- Petition — Charles Hood against Lord Pitmilly's Interlocutor
- Petition — David Whyte, late Manufacturer in Kirriemuir
- Petition — Dr. James Henderson against Lord Cringletie's Interlocutor
- Petition — Elizabeth Chalmers, with concurrence of William Richardson her Husband [2]
- Petition — Francis Maclennan against Inner-House Interlocutors
- Petition — John Graham against Lord Meadowbank's Interlocutor
- Petition — John Sheriff, late of Maryland, and James Walker Writer to the Signet, his Attorney
- Petition — Margaret Oswald, Relict of George Arnot of Wood-miln
- Petition — Mess. Andrew Cochran, John Murdoch and Company, Bankers in Glasgow
- Petition — Messrs. Gillow & Company and Mandatories against Lord Pitmilly's Interlocutor
- Petition — Messrs. Hamilton & Company against Lord Henderland's Interlocutor
- Petition — M^cKenzie & Lindsay against Lord Justice Clerk's Interlocutor [2]
- Ramage v. Charteris — petition, 15 Jan 1782
- Reclaiming Petition — George Traill, Esq against Lord Cringletie's Interlocutor
- Reclaiming Petition — John Duncan jun. against Lord Bannatyne's Interlocutor
- Reclaiming Petition — Misses Macleod against Lord Gillies' Interlocutor
- Reclaiming Petition — Richard Barton in Curgie
- REVISED STATEMENT OF FACTS for DEFENDER, AND ANSWERS thereto for Pursuers.
- Robert Cross v. John Cross — Bill of Advocation, 30 May 1818 [2]
- Robert Kirk v. William Allan — Answers, 26 Jun 1824
- Robert Threshie and Mrs Elizabeth Currie or Harkness v. John Tennent, Jun., Thomas Edington and Archibald Buchannan — Answers, 23 Dec 1814
- Robert Williamson v. His Creditors — Condescendence, 11 Dec 1798
- Samuel Gordon v. Arthur Stewart — 15 Jul 1829
- Samuel M'Knight v. Bertram, Gardner and Company — 24 Jun 1794
- Samuel M'Knight v. Messrs. Bertram, Gardner and Company and Richard Hotchkis — Answers, 17 Jan 1797
- Stewart Threipland v. Eden, Ridley & Company — Information, 16 Jan 1793
- Thomas and Laurence Jameson v. David Strong — Replies, 29 Jun 1807
- Thomas George v. William Christie — Answers, 26 Feb 1789
- Thomas Ridley and Company and F. A. Bell v. William Sloan — Statement of Facts, 9 Feb 1836
- Thomas Turnbull v. Richard Baines — Information, 14 Nov 1794
- UNTO THE RIGHT HONOURABLE The Lords of Council and Session, THE PETITION OF
- William Baxter senior v. Bell & Maxwell, George and James Christie, Graham and Downie — answers, 27 Jun 1800
- William Baxter v. Bell and Maxwell and Others — petition, 22 May 1800
- William Finnie and Benjamin Greig v. William Gilmour, James Lindsay Ewing and James Reid — Reclaiming, 6 Sep 1832
- William Kirkpatrick of Conheath v. John Anderson in Glaisters, William Anderson in Cowar, and James Anderson in Brakenside — Answers, 15 Jul 1780