In 1739 James Findlay entered into a partnership with John Graham, James Stirling, Alexander Wotherspoon, and John Buchanan for slaughtering and selling cattle. Wotherspoon was appointed clerk, bookkeeper, and cashier of the partnership. Findlay was responsible for purchasing cattle and selling live cattle that were not fit for slaughter. Findlay was illiterate so he relied on Wotherspoon to keep proper accounts of the business. In February 1740, the partnership dissolved. The partners sought to settle all the accounts of the business. Findlay alleged that Wotherspoon was negligent in maintaining the company's accounts and argued that the partnership owed him money for the fifty cows he purchased in 1739 on partnership's behalf. The defenders claimed that Findlay was actually in debt to the company. They argued that Findlay was reimbursed for the fifty cows, or that he made this payment using company funds rather than his own funds.
Documents in this case (7)
- Findlay — Petition, 30 Jun 1772June 30, 1772 Petition of James Findlay asking the Court to alter its recent interlocutor
- Findlay — Petition, 16 Dec 1772December 16, 1772 Memorial of the petitioner, arguing that he was a substantial partner in a co-partnery and that the defenders have failed to produce sufficient evidence to rebut his claim for payment of L. 100 for cat…
- Graham — Answers, 28 Jan 1773January 28, 1773 Information of the pursuer, arguing that his claim is not groundless despite his refusal to answer questions about payments and remaining due.
- Graham — Petition, 24 Jun 1773June 24, 1773 Information of the petitioners, arguing that James Finlay was not entitled to the sum claimed for cattle purchased from Boggs' Parks, and that the account in question was settled in 1743.
- James Findlay v. John Graham of Dougaldston and others — Answers, 14 Jul 1773July 14, 1773 Petition of William Craig asking the Court to adhere to its recent interlocutor
People & places in this case
People involved
- James Findlay — Pursuer
- John Graham — Defender
- Alexander Wotherspoon — Defender
- James Stirling, 11th of Craigbarnet — Defender
- John Buchanan — Defender
- William Craig, Lord Craig — Advocate for Pursuer
- Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth — Advocate for Pursuer
- Patrick Murray, of Cherrytrees — Advocate for Defender
- Adam Rolland, of Gask — Advocate for Defender
- Hew Dalrymple, Lord Drummore — Lord Ordinary
- Lord Woodhall — Lord Ordinary
- Henry Home, of Kames, Lord Kames — Lord Ordinary
- John Graham — Named in case documents
Where this case took place
In 1739 James Findlay entered into a partnership with John Graham, James Stirling, Alexander Wotherspoon, and John Buchanan for slaughtering and selling cattle. Wotherspoon was appointed clerk, bookkeeper, and cashier of the partnership. Findlay was responsible for purchasing cattle and selling live cattle that were not fit for slaughter. Findlay was illiterate so he relied on Wotherspoon to keep proper accounts of the business. In February 1740, the partnership dissolved. The partners sought to settle all the accounts of the business. Findlay alleged that Wotherspoon was negligent in maintaining the company's accounts and argued that the partnership owed him money for the fifty cows he purchased in 1739 on partnership's behalf. The defenders claimed that Findlay was actually in debt to the company. They argued that Findlay was reimbursed for the fifty cows, or that he made this payment using company funds rather than his own funds.
