Trustees, unaware of a bond of caution signed by Colin Thomson as a partner, settled accounts with Dennistoun & Co. without disclosing it, despite Henry Thomson’s approval.
Defenders, including Colin Campbell, deny liability for bond payments, asserting trustees acted without negligence and had no duty to discharge the bond pre-insolvency.
Answers by the respondents to the pursuer's statement of facts, denying that the testator's codicils revoked the provision in favour of the pursuer or Janet Robertson, and disputing the claim that the provision was paid in full.