1781–1782
Cessio BonorumFraudulent-BankruptPursuer Robert Lamont, who was imprisoned in the Tolbooth of Canongate, brought an action of cessio bonorum (voluntary surrender of goods) against his creditors. The creditors objected on the grounds that Lamont: (1) Improperly fled the country after selling his livestock and carrying off his effects; (2) Fraudulently disposed of produce that had been promised to one of the creditors; (3) Failed to prove his losses; and (4) Failed to account for large sums of money that he inherited.
Documents in this case (4)
- Buchan — Objections, 3 Aug 1781August 3, 1781 Information of the defenders, arguing that the pursuer is a fraudulent bankrupt and therefore not entitled to the benefit of the cessio bonorum
- Matthew Buchanan and others v. Robert Lamont — Answers, 7 Aug 1781August 7, 1781 Memorial of the pursuer, arguing that his financial ruin resulted from imprudent decisions and misfortunes, not fraud.
- Lamont v. His Creditors — Memorial, 3 Jan 1782January 3, 1782 Memorial of the creditors, arguing that the pursuer has failed to prove losses claimed in his condescendence and is not entitled to the benefit of the cessio.
- Robert Lamont v. Matthew Buchanan, John Beck, William Haliday, Kerr and M'Whinnie, and James Brown — Memorial, 3 Jan 1782January 3, 1782 Memorial of Mr Lamont, arguing that his bankruptcy was caused by heavy farm losses and misfortunes, not fraud, and that he is entitled to the benefit of the cessio bonorum.
People & places in this case
People involved
- Robert Lamont — Pursuer
- Matthew Buchanan — Defender
- John Beck — Defender
- William Haliday — Defender
- Kerr and Macwhinnie — Defender
- James Brown — Defender
- Adam Macwhannel — Defender
- Alexander Mackie — Defender
- Hugh Muir — Defender
- Dunbar Hamilton Douglas, 4th Earl of Selkirk — Named in case documents
- John Bushby — Named in case documents
- William Johnston — Named in case documents
- Messrs. Maitland and Kerr — Named in case documents
- James Robertson — Named in case documents
- William Coupar — Named in case documents
- James Coupar — Named in case documents
- John Denniston — Named in case documents
- John Johnston — Named in case documents
- Dr. David Lamont — Named in case documents
