BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thorold, &c. Assignees of Thomson and Tabor, v Forrest and Sinclair. [1762] Mor 4561 (2 July 1762)
URL: http://www.bailii.org/scot/cases/ScotCS/1762/Mor1104561-088.html
Cite as: [1762] Mor 4561

[New search] [Printable PDF version] [Help]


[1762] Mor 4561      

Subject_1 FOREIGN.
Subject_2 DIVISION IX.

Foreign Decrees, and other Judicial acts.
Subject_3 SECT. IV.

English Commission of Bankrupt.

Thorold, &c Assignees of Thomson and Tabor,
v.
Forrest and Sinclair

1762. July 2.& 1764. December 20.
Case No. No 88.

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

The Lords found, That the assignees under a commision of bankruptcy in England had a title to compear and compete in the Court of Session; but that the proceedings under the commission did not bar the creditors of the bankrupt, whether their debts were contracted in England or Scotland, to affect their debtors effects situated in Scotland, or debts due to them by persons there residing, by legal diligence; and also found, that such of the creditors-arresters against whose diligence no objections were made, were preferable to the assignees.

Fol. Dic. v. 3. p. 226. Fac. Col.

*** The report of this case, No 81. p. 753, taken from the Faculty Collection, where it is erroneously dated 5th March 1767, does not state, with sufficient precision, all the circumstances, and what was actually done by the Court. The principle which there seems to have been adopted, has been, in the late case of Read against Strothers, (1st July 1803), entirely passed from, and the assignees under a commission of bankrupt, have been preferred. In the report of this last mentioned case, to be given at large in the Appendix to this Title, the errors in the case of Thorold, and in that of Pewtress immediately following, will be particularly pointed out.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1762/Mor1104561-088.html