1784
ArrestmentHammond, Birket, and Smith, pursuers, attempted to arrest (legally claim) funds in the hands of Claud Marshall, a writer in Glasgow, on the ground that Claud possessed funds belonging to their debtor William Marshall. William was in Tobago, and he had sent a bill to Claud with instructions to apply it for the support of William’s daughters. Hammond, Birket, and Smith argued that Claud possessed the bill when the arrestment was used. Claud responded that he had sent the bill off to London by that time, and that payment was made to William’s children.
Documents in this case (3)
- Hammond, Birket, and Smith v. Marshall — Petition, 22 Jan 1784January 22, 1784 Petition of creditors to William and John Marshalls asking the Court to alter interlocutors and decern against Claud Marshall for L. 60 Sterling
- Hammond, Birket, and Smith v. Marshall — Petition, 3 Feb 1784Petitioners seek to recover £60 from Claud Marshall, nephew of debtor William Marshall, who held a bill accepted and indorsed for the debtor’s children’s support at time of arrestment.
- Hammond, Birkett and Smith v. Claud Marshall — Answers, 4 Mar 1784March 4, 1784 Memorial of Claud Marshall, arguing that he was not in possession of William Marshall's funds at the time of arrestment and should not be held liable for expenses incurred in defending against a process of…
People & places in this case
People involved
- Hammond, Birket, and Smith — Pursuer
- Claud Marshall — Defender
- Neil Fergusson, of Pitcullo — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia — Lord Ordinary
- David Dalrymple, of Westhall, Lord Westhall — Lord Ordinary
- William Marshall — Named in case documents
- John Marshall — Named in case documents
- John Mackechnie — Named in case documents
