Scottish Court of Session Decisions

Subject_1 JUS QUÆSITUM TERTIO.
Subject_2 SECT. II.

Delivery for behoof of a Third Party.

Creditors of Auchterlony Competing

1732. November.
Case No. No 14.

Click here to view a pdf copy of this documet : PDF Copy

Auchterlony, before absconding for debt, made a list of his bills, which he indorsed blank, and sent the whole in a letter to Spence his father-in-law, bearing, that he had sent the bills to him for the use of his creditors. After the bills came into Spence's hand, but before any meeting with the creditors, several of these creditors, taking the start, laid arrestments in the hands of the accepters of these bills. In a competition, the other creditors craved to be preferred, as the bills were delivered to Spence, their trustee, before the date of the arrestments. The arresters yielded, that a bill indorsed blank, delivered to a man for his own behoof, becomes his property; because, by such delivery, he is empowered to fill up the indorsation in his own name. But they contended, that Spence was trustee for Auchterlony, not for his creditors; that the bills remained still under the power of Auchterlony, since they were not delivered to his creditors, or to a trustee for his creditors; see l. 14. § ult. D. De furtis; and therefore, that the bills, as Auchterlony's property, were regularly affected by the arrestments.

“The arresters were preferred.”

Rem. Dec. v. 2. No 5. p. 11.