This case was about the ability of creditors to recover debts from an individual member of a partnership. The debtor in question, James Dunlop, was a partner in John Carlyle and Company. After Carlyle and Company failed, trustees were appointed to represent two separate but related interests: the partnership itself (for the purpose of unwinding the firm) and the partnership’s creditors. These trustees lodged two types of claims with the trustees of James Dunlop, who had also become insolvent. First, on behalf of the partnership, the trustees pursued claims for debts owed by Dunlop to the firm. Second, on behalf of the firm’s creditors, they claimed that Dunlop was personally liable for the firm’s debts. When Dunlop’s trustees refused these claims, the Carlyle trustees sued. Dunlop’s trustees, as defenders, argued that the pursuers could not be ranked on Dunlop’s estate for both categories of debt.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 1383, , pg. 14610, , pg. Society app., pt. 1, at 5

Locations

Session Papers

Information Information for Thomas and William Dunlops, Robert Bogle, and Thomas Scot, merchants in Glasgow, Trustees for the Creditors of John Carlyle and Company, Merchants in Glasgow, pursuers; against the Trustees of James Dunlop junior, defenders 1776
Information Information for Alexander Spiers, Andrew Blackburn and Andrew Syme, merchants in Glasgow, trustees for the creditors of James Dunlop, late merchant there, Defenders; against Thomas and William Dunlops, Robert Bogle, and Thomas Scott, merchants in Glasgow, trustees for the creditors of John Carlyle and Company, late merchants there, Pursuers 25 Oct 1775
Information Information for Alexander Spiers, Andrew Blackburn, and Andrew Syme, merchants in Glasgow, trustees for the creditors of James Dunlop, late merchant there, Defenders; against Thomas and William Dunlops, Robert Bogle, and Thomas Scott, merchants in Glasgow, trustees for the creditors of John Carlyle and Company, late merchants in Glasgow, Pursuers 20 Apr 1776
Petition Unto the Right Honourable the Lords of Council and Session, the Petition of Thomas and William Dunlops, Robert Bogle, and Thomas Scot, merchants in Glasgow, Trustees for the Creditors of John Carlyle and Co. merchants in Glasgow 17 Jul 1776
Answers Answers for Thomas and William Dunlops, Robert Bogle, and Thomas Scot, Merchants in Glasgow, Trustees for the Creditors of John Carlisle and Company, Merchants in Glasgow; to the Petition of Alexander Spiers, Andrew Blackburn, and Andrew Syme, Merchants in Glasgow, Trustees for the Creditors of James Dunlop, late Merchant in Glasgow 31 Jul 1776
Answers Answers for Alexander Speirs, Andrew Blackburn, and Andrew Syme, Merchants in Glasgow, Trustees for the Creditors of James Dunlop, late Merchant there; to the Petition of Thomas and William Dunlops, Robert Bogle, and Thomas Scott, Trustees for the Creditors of John Carlyle and Company 2 Aug 1776
Petition Unto the Right Honourable the Lords of Council and Session, the Petition of Alexander Spiers, Andrew Blackburn, and Andrew Syme, Merchants in Glasgow, Trustees for the Creditors of James Dunlop late Merchant in Glasgow 15 Jul 1776

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