This case was a dispute among the creditors of David Macfarlane, a merchant of St. Christophers (St. Kitts). In 1764, Macfarlane sent a shipment of sugar from St. Croix to Port Glasgow, consigning it to James King. Macfarlane instructed King to sell the sugar and apply the proceeds to pay certain of Macfarlane’s creditors, who were set forth in a list. When the sugar arrived in Scotland, however, some of Macfarlane’s creditors sought an arrestment. This led to a competition among Macfarlane’s creditors. In the course of the proceeding, the Lord Ordinary ruled that the consigned sugar could not be arrested, and a group of joint petitioners sought review. In August 1766, the Court of Session ruled against them. In November 1766, Messrs. Greenshiels and Wardrope petitioned the court again, this time on their own, arguing that they should be treated differently from other creditors because they did not receive notice of the shipment. In December 1766 the Court adhered to its earlier interlocutor.
Documents in this case (2)
People involved
- Mess. Greenshiels and Wardrope — Petitioner
- John Glen, of Assloss — Petitioner
- Mess. Cross and Bogle — Respondent
- George Brown — Respondent
- David Macfarlane — Named in case documents
- Robert Thomson — Named in case documents
- Alexander Boswell, Lord Auchinleck — Lord Ordinary
- Alexander Lockhart, Lord Covington — Advocate for Petitioner
- Robert Cullen, Lord Cullen — Advocate for Respondent
- James King Sr. — Named in case documents
- Thomas Hutchison — Named in case documents
- John Tennent — Named in case documents
- Fordyce, Grant, and Company — Named in case documents
- John Fordyce — Named in case documents
- Alexander Moir — Named in case documents
- Charles Arthur — Named in case documents
- John Penman — Named in case documents
Places
This case was a dispute among the creditors of David Macfarlane, a merchant of St. Christophers (St. Kitts). In 1764, Macfarlane sent a shipment of sugar from St. Croix to Port Glasgow, consigning it to James King. Macfarlane instructed King to sell the sugar and apply the proceeds to pay certain of Macfarlane’s creditors, who were set forth in a list. When the sugar arrived in Scotland, however, some of Macfarlane’s creditors sought an arrestment. This led to a competition among Macfarlane’s creditors. In the course of the proceeding, the Lord Ordinary ruled that the consigned sugar could not be arrested, and a group of joint petitioners sought review. In August 1766, the Court of Session ruled against them. In November 1766, Messrs. Greenshiels and Wardrope petitioned the court again, this time on their own, arguing that they should be treated differently from other creditors because they did not receive notice of the shipment. In December 1766 the Court adhered to its earlier interlocutor.
