In this case, the pursuers sought restitution for a bill drawn by Baron Mure and Andrew Stewart, and payable to John Baird. According to the pursuers, Baird had agreed to pay the bill’s value into their account at the Thistle Bank. However, Baird indorsed the bill and passed it on to his firm—Simpson, Baird, and Company—for which he received credit on the firm’s books. In turn, Simpson, Baird, and Company remitted the bill to Bogles and Scott of London. Within the month, John Baird; Simpson, Baird, and Company; and Bogles and Scott had all failed. The drawee of the bill, Sir George Colebrooke and Company, also failed. Mure and Stewart sought restitution from Simpson, Baird, and Company, arguing that they had received no value for the bill. However, John Clerk, trustee for the creditors of Simpson, Baird, and Company, argued that Simpson, Baird, and Company were onerous endorsees, entitled to hold the bill.
People involved
- William Mure, of Caldwell — Pursuer
- Andrew Stuart, W.S., of Craigthorn and Castlemilk — Pursuer
- John Clerk — Trustee/Tutor/Representative for Defender
- Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Robert Bruce, of Kennet, Lord Kennet — Lord Ordinary
- Mess. Simpson, Baird, and Company — Named in case documents
- William (Baron) Mure, of Caldwell — Named in case documents
- Sir George Colebrooke and Company — Named in case documents
- John Baird — Named in case documents
- Maxwell, Ritchie, and Company (Thistle Bank) — Named in case documents
- Mess. Bogles and Scott — Named in case documents
In this case, the pursuers sought restitution for a bill drawn by Baron Mure and Andrew Stewart, and payable to John Baird. According to the pursuers, Baird had agreed to pay the bill’s value into their account at the Thistle Bank. However, Baird indorsed the bill and passed it on to his firm—Simpson, Baird, and Company—for which he received credit on the firm’s books. In turn, Simpson, Baird, and Company remitted the bill to Bogles and Scott of London. Within the month, John Baird; Simpson, Baird, and Company; and Bogles and Scott had all failed. The drawee of the bill, Sir George Colebrooke and Company, also failed. Mure and Stewart sought restitution from Simpson, Baird, and Company, arguing that they had received no value for the bill. However, John Clerk, trustee for the creditors of Simpson, Baird, and Company, argued that Simpson, Baird, and Company were onerous endorsees, entitled to hold the bill.
