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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Fraser v His Creditors. [1786] Mor 11793 (10 March 1786)
URL: http://www.bailii.org/scot/cases/ScotCS/1786/Mor2811793-109.html
Cite as: [1786] Mor 11793

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[1786] Mor 11793      

Subject_1 PRISONER.
Subject_2 SECT. II.

Cessio Bonorum.

William Fraser
v.
His Creditors

Date: 10 March 1786
Case No. No 109.

A person in trade who omits to keep account-books, not entitled to the benefit of cessio.


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Fraser, a trader, who brought an action of cessio bonorum, acknowledged, on being required to produce his books of account, that he had not kept any such; upon which it was

Observed on the Bench; That he had thus rendered it impossible to prove, in terms of law, that his bankruptcy had been occasioned by innocent misfortunes; and therefore,

The Lords found the pursuer not entitled to the benefit in question.

Act. Corbet. Alt. Nairne. Fol. Dic. v. 4. p. 140. Fac. Col. No 269. p. 416.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1786/Mor2811793-109.html