Thomas Calder died owing money to his brother-in-law, Charles Drew, and to Drew's brother, Robert. When Charles Drew went bankrupt, Robert Drew pursued John Calder of Davidstoun, brother of the late Thomas Calder, for sums owed. Lord Monboddo, the Lord Ordinary, ruled that John Calder was indeed liable for his brother's share of the debts, but Calder petitioned the Court of Session contesting this decision. He argued that the various bills granted by Thomas Calder to the Drew brothers were not for value received. Rather, he argued that these bills represented lines of credit that were never spent. Robert Drew answered that the bills were clearly given for value received, and that John Calder was merely trying to draw out the litigation process in order to postpone settling his brother's debts.
Documents in this case (2)
People involved
- James Burnett, Lord Monboddo — Lord Ordinary
- William Craig, Lord Craig — Advocate for Pursuer
- Adam Rolland, of Gask — Advocate for Defender
- Robert Drew — Pursuer
- Charles Drew — Named in case documents
- John Calder, of Davidstoun — Defender
- Thomas Calder — Named in case documents
- William Drew — Named in case documents
- James Spottiswood — Named in case documents
- Robert Sinclair — Named in case documents
- Commissary Court of Hamilton and Campsie — Named in case documents
- Bank of Scotland — Named in case documents
- The Merchant Banking Company of Glasgow — Named in case documents
Places
Thomas Calder died owing money to his brother-in-law, Charles Drew, and to Drew's brother, Robert. When Charles Drew went bankrupt, Robert Drew pursued John Calder of Davidstoun, brother of the late Thomas Calder, for sums owed. Lord Monboddo, the Lord Ordinary, ruled that John Calder was indeed liable for his brother's share of the debts, but Calder petitioned the Court of Session contesting this decision. He argued that the various bills granted by Thomas Calder to the Drew brothers were not for value received. Rather, he argued that these bills represented lines of credit that were never spent. Robert Drew answered that the bills were clearly given for value received, and that John Calder was merely trying to draw out the litigation process in order to postpone settling his brother's debts.
