Legal Subject: Arbitration

Case Date Legal Subject Abstract
Bowden and Gibson v. Esten and Bennett 1794 Contract, Parole Evidence, Debt, Arbitration, Defamation, Aliment Bowden and Gibson, as pursuers, maintained that the pursuer was entitled to his salary for eighteen nights under his engagement with Mrs. Esten, despite Esten and Bennett's refusal to allow him to perform as agreed. Based on the single document cataloged for this case.
Falconer v. Dreghorn's Interlocuters 1793 Debt, Aliment, Creditor, Arbitration, Reduction, Factor Loco Tutoris George Gordon Falconer petitioned the Court to alter the interlocutor of Lord Dreghorn upholding an arbitral decree against Mrs Katharine Thomson. Based on the single document cataloged for this case.
General Greme's Trustees v. Thomas Bruce 1799 Aliment, Thirlage, Trustees, Arbitration, Succession, Sale Thomas Bruce pursued General Greme's Trustees to void his purchase of the Braco estate, alleging the trustees had concealed a material alteration to the course of Keir Burn that diminished the property's value and safety. The trustees denied withholding information and argued that any damage was compensable and insufficient to annul the bargain. Bruce additionally sought authority to alter the burn's course, prompting disputes over jurisdiction and damages, while technical reports assessed flooding risks and construction costs.
Grays v. Brown 1832 Decreet-Arbitral, Lease, Damages, Arbitration, Interdict, Roads Patrick Gray, Patrick Gray Junior, and Robert Gray pursued William Henry Brown for damages arising from an interdict against their use of private roads on the farm of Freelands. Brown denied the claim. The pursuers subsequently lodged a reclaiming note against Lord Mackenzie's interlocutor, asserting the action was incompetent and seeking remission of expenses.
Home v. Smart 1795 Interlocutor, Mala Fides, Damages, Arbitration, Impress Service, Arrestment Sir George Home, Baronet, Commander of HMS Defiance, sought review of an interlocutor that found him liable for damages for impressing John Smart, chief mate of the Brig Molly of Leith, who claimed exemption under merchant vessel practice and had been cleared of a desertion allegation. Smart answered, contending that the impressment was unlawful and based on a false pretence of desertion. Home subsequently reclaimed against the Inner-House interlocutor, seeking to alter the finding that he was liable in expenses.
Hugh Montgomery v. Strang, Lennox and Company 1798 Decreet-Arbitral, Tack, Arbitration, Usury, Reduction, Interlocutor Strang, Lennox and Company, cotton-spinners in Eaglesham, petitioned the Court to alter a recent interlocutor respecting their claim for damages against Hugh Montgomery of Bogstown, suspender, arising from a prior loan and arbitration dispute. Montgomery submitted answers opposing the chargers' application.
Murdoch v. Lord Dunsinnan's Interlocutor 1787 Decreet-Arbitral, Arbitration, Reduction, Interlocutor, Intromission, Suspension Elizabeth Murdoch, Alexander Smith, Jean Murdoch, and Christian Murdoch petitioned the Court to alter Lord Dunsinnan's interlocutor. Based on the single document cataloged for this case.
Nasmith v. Magistrates of Glasgow 1774 Arbitration, Contract, Reduction, Decreet-Arbitral, Arrestment, Cautioner David Nasmith, a mason, entered into a contract with the city of Glasgow in which he agreed to construct a quay along the river Clyde. The city subsequently raised concerns about Nasmith’s work on the quay, and the parties entered into arbitration. The arbiters found that Nasmith had been overpaid for his work and directed him to refund a portion of his fee to the city. Arthur Robertson, the Chamberlain of Glasgow, gave Nasmith a charge based on the arbiters’ decree, but Nasmith sought to have the charge suspended. He argued that the arbiters were prejudiced against him because he underbid Glasgow’s other masons to secure the contract in question.
Nasmith v. the Magistrates and Town-Council of Glasgow 1777 Arbitration, Contract, Reduction, Decreet-Arbitral, Arrestment, Evidence David Nasmith, a mason, entered into a contract with the city of Glasgow in which he agreed to construct a quay along the river Clyde. The city subsequently raised concerns about Nasmith’s work on the quay, and the parties entered into arbitration. The arbiters found that Nasmith had been overpaid for his work and directed him to refund a portion of his fee to the city. Nasmith challenged the arbiters’ decree in court. He initially argued that the arbiters were prejudiced against him because he had underbid Glasgow’s other masons to secure the contract in question. After that argument was rejected, the parties continued to dispute the proper method of measuring the work in question.
Susanna Vere v. The Earl of Hyndford, and Others 1791 Deed, Reduction, Aliment, Succession, Arbitration, Adjudication Susanna Vere pursued the Earl of Hyndford, John Hamilton of Westburn, William Porteous of Carmacoup, John Bannatyne of Castlebank, and Robert Bell regarding the authority to control the proceedings of tutors, and the defenders argued that Vere possessed no power to impose a negative upon such proceedings. Based on the single document cataloged for this case.
Sutherland v. Caledonian Society of Edinburgh 1797 Jurisdiction, Arbitration, Interlocutor, Libel, Statute, Expenses John Sutherland, as pursuer, petitioned the Court to remit the interlocutor of Lord Glenlee dismissing his action against the Caledonian Society of Edinburgh, the defender, for wrongful expulsion and denial of burial money. Based on the single document cataloged for this case.
Woddrop v. Finlay 1793 Decreet-Arbitral, Tack, Arbitration, Interlocutor, Reduction, Debt John Finlay, defender, answered the petition of William Woddrop, pursuer, arguing that the interlocutor should not be altered and that the arbiters’ explanation was necessary to ascertain material justice. Based on the single document cataloged for this case.

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