Scottish Court of Session Decisions

Subject_1 FOREIGN.
Subject_2 DIVISION IX.

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

English Commission of Bankrupt.

Glover and Others
v.
Vassie

Date: 7 August 1776
Case No. No 90.

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Bedford and Sons merchants in Leeds having become bankrupt, and a commission of bankruptcy being awarded, Vassie, an English creditor, received a dividend under that commission; but, learning that the bankrupts had some effects in Scotland, Vassie laid arrestments in the hands of the Scottish debtors, and in a process of furthcoming obtained a preference on the sums due. The assignees under the commission of bankrupt objected to this preference, on the grounds that Vassie being a native of England, could not compete with the English assignees under the commission of bankrupt, and that he had obtained a dividend under that commission. On the part of Vassie it was urged, That the assignees under an English commission of bankruptcy, have no right of action in this country, to recover the bankrupts effects therein situated, or to compete for the same with a creditor who uses the diligence of the law of Scotland.——The Lords found the assignees under the commission had a right of action entitling them to recover the bankrupts effects in Scotland, and to compete for the same; and further, that Vassie, an Englishman, and claiming under an English debt, and having drawn a dividend for the same under the commission of bankruptcy, is barred from competing with the assignees, or claiming any preference on his arrestments. See Appendix. See Note under p. 757.

Fol. Dic. v. 3. p. 227.