Legal Subject: Promissory note

Case Date Legal Subject Abstract
Coalston v. Stewart 1770 Debt, Bankruptcy, Sequestration, Jurisdiction, Interlocutor, Promissory note Pursuer Jean Coalston and her husband Patrick Walker petitioned the Court to alter its recent interlocutor. Based on the single document cataloged for this case.
Gourlay v. Glen 1786 Debt, Arrestment, Creditor, Interlocutor, Promissory note, Sequestration David Gourlay of Kipdarroch, Deputy-Collector of Supply for the County of Stirling, pursued William Glen regarding competing claims to funds held by John Campbell. The dispute concerned priority between Gourlay’s revenue claim and Glen’s claim to a debt due from John Price. Gourlay initially petitioned the Court to alter its interlocutor sustaining Campbell’s defence against Glen; Glen subsequently petitioned to reverse Lord Swinton’s interlocutor decerning against him, and Gourlay answered, maintaining his priority over the consigned funds.
Jean Coalston, Pursuer v. Archibald Stewart, Merchant in Queensferry, Defender 1770 Bankruptcy, Debt, Aliment, Statute of limitations, Interlocutor, Promissory note The late George Stewart, merchant, who had filed for bankruptcy in London in 1749, owed money to Peter Coalston, the petitioner's brother, who had not participated in the bankruptcy arrangement. Later, Stewart started making money again and died, quite solvent, in 1758, with his bother Archibald as heir. Jean Coalston, as her brother's heir, sought to collect the debt. At the issue was the extraterritoriality of English law, in particular whether the laws of bankruptcy in England were applicable and valid in Scotland, as bankruptcy proceedings in Scotland were voluntary for creditors, whereas in England they were obligatory.
MacLean v. MacLean 1792 Debt, Arrestment, Trustee, Interlocutor, Promissory note, Inhibition John MacLean petitioned the Court to recall the inhibition placed against him by Mrs Janet MacLean and William Scott her husband, alleging that it had been obtained without proper grounds and was being used to distress him in his business. Based on the single document cataloged for this case.
Miliken v. Interlocutor 1802 Co-deudor, Dissolution, Debt, Promissory note In 1790, the pursuer lent some money to Love, Davidson, and Co. The debt was secured with a promissory note, which the pursuer had intended to be effective. Around 1792, two of the four shareholders, Andrew Crawford and John Love Senior, decided to transfer their interest in the company. In return of the transfer, the other shareholders agreed to pay all the debts of the company by February 1795. However, Love, Davidson and Co. was dissolved in 1794 and the pursuer had not received his payment by that time. The pursuer brought an action to alter the interlocutor with regards to the company insolvency and debts with the purpose to hold liable the retired shareholders of the promissory note, since he lent his money trusting that his debt was secured by all the shareholders as co-obligants.
Nairne v. Cranstoun 1795 Debt, Bankruptcy, Sequestration, Creditor, Bill of Exchange, Promissory note Alexander Nairne, trustee for the sequestrated estate of Peter and Francis Forrester, opposed Thomas Cranstoun’s petition to alter Lord Methven’s interlocutor and rank A. Laidlaw’s undiscounted bills in the estate. Nairne contended that Laidlaw’s failure to discount the bills forfeited double-ranking rights, while Cranstoun sought the alteration to allow the ranking. The respondent argued that the transaction between Forrester and Laidlaw constituted an equal exchange of obligations and that the interlocutor should not be altered.
Orrs v . Batchin and Birkmyre 1793 Bill of Exchange, Bankruptcy, Promissory note, Creditor, Arrestment, Debt William Orr pursued an action against the Paisley merchants Batchin and Birkmyre regarding the negotiation of a promissory note and petitioned the Court to alter its recent interlocutor. The respondents opposed the motion, arguing that the pursuer's clerk had negligently delayed transmitting the dishonoured note, while maintaining that they themselves had exercised due diligence in recovering payment.
Rankine and Son v. Belch 1790 Creditor, Debt, Bill of Exchange, Forgery, Reduction, Promissory note Defender Peter Belch argued that the indorsement by Rankine and Son was genuine and that he held no material interest in the matter, as he would recover value from David Mitchell, who had received full value. Based on the single document cataloged for this case.
Robertson and Husband v. Holland 1775 Debt, Arrestment, Bill of Exchange, Promissory note, Reduction, Security Martha Robertson, petitioner, sought payment on a bill from William Holland, respondent; at the same time, Archibald Ochiltree sought payment from Holland on a promissory note that was payable to Robertson but had been indorsed to Ochiltree. Robertson and Holland offered differing accounts of the facts surrounding the bill and promissory note. According to Robertson, Holland voluntarily granted the instruments on behalf of a friend, Charles Bolingbroke, who fled the country without paying his debts to Robertson. However, according to Holland, Robertson solicited the instruments so that she could show them to her creditors, without any intention that they would actually be paid. In Holland’s telling, a receipt signed by Robertson was intended to secure him against any demand for payment. In addition to disputing the facts, Robertson presented legal arguments against the receipt’s validity, which related to her status as a married woman. Holland argued that the bills were invalid because Robertson had paid no value for them. A number of depositions are included in the case documents.
Rossel, et al v. Fraser 1787 Debt, Creditor, Promissory note, Bill of Exchange, Prescription, Succession Patrick Fraser, merchant in Edinburgh, petitioned the Court to alter an interlocutor pronounced by Lord Eskgrove regarding his claim of debt. James Russel, William Cooper, and others, upholsterers in Edinburgh and trustees for Isobel Boog, answered the petition, contesting Fraser’s entitlement to the alteration. The dispute centered on whether the court should modify the prior interlocutor in favor of Fraser’s debt claim against the trust estate.

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