The parties in this case were creditors of the late William Donald, a merchant in Ayr. Through an agent, Andrew Stephenson, respondent, brought a process to rank the creditors, and representatives of the creditors met to select a common agent. Petitioner David, Earl of Cassilis, claimed that at the meeting a majority of creditors voted for Alexander Abercrombie to be the common agent. However, respondent Stephenson and others preferred George Tod. Following the meeting, Lord Gardenstone, Ordinary, nominated and authorized George Tod as common agent. Cassilis et al. sought review from the Lords of Session, arguing that Abercrombie was selected as common agent by a majority of creditors and by a majority of the value of the debts represented. The petitioners also argued that, as “preferable” creditors, they had priority over the respondents, who were “postponed” creditors. Stephenson et al. disputed specific votes at the creditor meeting, arguing that certain agents for the petitioners were not authorized to vote for Alexander Abercrombie. Some creditors, they argued, did not meet the threshold amount of debt to gain a vote. For all the other creditors who met the threshold amount of debt, the respondents rejected any distinction between preferable and postponed creditors for the ranking of creditors.
Documents in this case (2)
People involved
- David Kennedy, Earl of Cassillis — Petitioner
- Thomas Kennedy, of Dunure — Petitioner
- William Anderson, W.S. — Petitioner
- Andrew Stephenson — Respondent
- John Whitlock — Respondent
- Thomas Everit — Respondent
- Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth — Advocate for Petitioner
- William Craig, Lord Craig — Advocate for Respondent
- Francis Garden, Lord Gardenstone — Lord Ordinary
- Alexander Stevenson — Named in case documents
- Archibald McHarg — Agent
- George Tod — Agent
- Archibald Maxwell — Agent
- John Bell, W.S. — Agent
- Alexander Abercrombie, W.S. — Agent
- James Hutchison — Named in case documents
- William Hay Jr., W.S. — Agent
- Alexander Cunningham — Agent
- Andrew St. Clair and Company — Named in case documents
- William Donald — Named in case documents
The parties in this case were creditors of the late William Donald, a merchant in Ayr. Through an agent, Andrew Stephenson, respondent, brought a process to rank the creditors, and representatives of the creditors met to select a common agent. Petitioner David, Earl of Cassilis, claimed that at the meeting a majority of creditors voted for Alexander Abercrombie to be the common agent. However, respondent Stephenson and others preferred George Tod. Following the meeting, Lord Gardenstone, Ordinary, nominated and authorized George Tod as common agent. Cassilis et al. sought review from the Lords of Session, arguing that Abercrombie was selected as common agent by a majority of creditors and by a majority of the value of the debts represented. The petitioners also argued that, as “preferable” creditors, they had priority over the respondents, who were “postponed” creditors. Stephenson et al. disputed specific votes at the creditor meeting, arguing that certain agents for the petitioners were not authorized to vote for Alexander Abercrombie. Some creditors, they argued, did not meet the threshold amount of debt to gain a vote. For all the other creditors who met the threshold amount of debt, the respondents rejected any distinction between preferable and postponed creditors for the ranking of creditors.
