Thomas Dunlop and Others v. Alexander Spiers and Others |
5 Feb 1779
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Onerous Indorsation, In Solidum |
This is one of several cases resulting from the bankruptcy of James Dunlop, Jr. After the Court ruled decisively that the trustees of Dunlop, Sr., could be ranked among Dunlop, Jr.'s creditors, the surviving trustees of Dunlop, Sr., and others sued to recover payment of a bill for £1500 that Dunlop, Jr. owed to the Royal Bank of Scotland. They had been forced to pay it because Dunlop, Sr. had been a co-obligant on the bill. Although the bill had been partially paid, Dunlop, Sr.'s trustees requested that they be ranked for the full amount of the bill. The Court ruled that the pursuers were only entitled to be ranked for the remaining balance of the bill. See the case, Dunlop, and Other Trustees of Carlyle and Co v. Spiers and Others (1776) for more on the larger dispute. |