1775–1776
Archibald Buchanan, defender, agreed to be an apprentice to Stephen Maxwell, pursuer. An indenture between the two men specified the penalties that Buchanan would pay if he missed work; it also required Maxwell to pay Buchanan a stipend for board. Several years into the indenture, Maxwell accused Buchanan of theft and had him jailed. Buchanan was released on bail and never brought to trial. He then sought either to return to work or to be free of the indenture. Maxwell refused to receive him and raised an action for the contractual penalties, as well as for damages relating to Buchanan’s failure to complete the indenture.
Documents in this case (3)
- Maxwell v. Buchanan — Petition, 4 Aug 1775August 4, 1775 Petition of Archibald Buchanan, Andrew Duncan, and Gilbert Benny asking the Court to alter its recent interlocutor
- Archibald Buchanan v. Stephen Maxwell — Answers, 15 Nov 1775November 15, 1775 Answers by Stephen Maxwell Coppersmith to the petition of Archibald Buchanan and others, responding to the Lord Ordinary's interlocutor finding breach of indenture.
- Maxwell v. Buchanan — Answers, 15 Nov 1775November 15, 1775 Answers by Archibald Buchanan, Andrew Duncan, and Gilbert Binnie responding to the petition of Stephen Maxwell, arguing that the pursuer's claims exceed the Lord Ordinary's interlocutor
People & places in this case
People involved
- Archibald Buchanan — Defender
- Andrew Duncan — Defender
- Gilbert Benny — Defender
- Stephen Maxwell — Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Robert Cullen, Lord Cullen — Advocate for Pursuer
Places
- Glasgow (principal)
Where this case took place
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 593
