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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Scott, v John Veitch and Others. [1790] Mor 1251 (9 February 1790)
URL: http://www.bailii.org/scot/cases/ScotCS/1790/Mor0301251-277.html
Cite as: [1790] Mor 1251

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[1790] Mor 1251      

Subject_1 BANKRUPT.
Subject_2 DIVISION VI.

Cases which peculiarly regard the particular terms of the late Bankrupt Statutes, from 1772 downwards.

Andrew Scott,
v.
John Veitch and Others

Date: 9 February 1790
Case No. No 277.

23d Geo. III. c. 18. - The Court considered a person who had carried on the trade of building houses for sale, although a writer by profession, to be entitled to the benefit of the act. They awarded sequestration.


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An agent in the Court of Session, but who had engaged in the business of building houses for sale, presented a petition for sequestration, under the authority of the statute of 1783. On the part of some of his creditors, it was

Objected: That the application was not warranted by the statute, the petitioner being by profession a writer, and not, according to its terms, either a merchant, or a manufacturer, artificer, or mechanic.

The Court, however, considered the petitioner, notwithstanding the different nature of his principal profession, as within the description of the statute; and therefore

The Lords awarded the sequestration; and upon advising a reclaiming petition, with answers, adhered to that judgment. See Sequestration.

For Scott, &c. G. Fergusson. Alt. N. Fergusson. Clerk, Menzies. Fac. Col. No 110. p. 206.

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/1790/Mor0301251-277.html