Clark v. Stuart

In August 1770, Hugh Macbride, Charles Philipshill, and the petitioner Peter Clark granted a bond for £150 sterling to Elisabeth Macbride. Charles Philipshill was the receiver of the money while the petitioner cosigned the loan at the request of Marion Philipshill and James Stewart. Both Marion Philipshill and James Stewart signed a promissory document, certifying they would indemnify Clark £75 each should repayment be requested. In June 1777, the heirs of Elisabeth Macbride called in the loan and Peter Clark paid her the money. The other two signers of the loan having relocated to Maryland. Marion Philipshilll reimbursed Clark her half of the loan but James Stewart did not. The Magistrates of Glasgow ruled that Stewart should pay Clark, but Stewart brought action to the Court of Session. In a previous judgment Lord Stonefield pronounced that the case be put on hold until the principal debtor, Charles Philipshill, be sued for repayment. Peter Clark then petitioned the court to have this decision overturned. On March 3, 1779 the Court remitted the cause to the Magistrates of Glasgow. Stewart then petitioned the Court to alter this interlocutor. Handwritten marginalia on this document indicates that the Court refused Stewart's petition.