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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bildstein v. Bock & Co [1872] ScotLR 9_512 (15 June 1872) URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0512.html Cite as: [1872] ScotLR 9_512, [1872] SLR 9_512 |
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Page: 512↓
Arrestments on a foreign ship used ad fundandam jurisdictionem and on the dependence of an action against a person who had been the owner, recalled at the instance of a party who, ex facie of the foreign register, was now the owner.
This was a petition by Alexander Bildstein, Odessa, praying for recall of certain arrestments at the instance of E. Bock & Co., Glasgow, on the Russian ship ‘D. Jex,’ of which the petitioner was, ex facie, the registered owner.
The petitioner set forth that he had purchased the vessel from her former owner, Carl Adolphus Busch, merchant, Odessa, in September 1870, and produced the necessary documents to instruct the transference. On 3d October 1871 the vessel sailed from Odessa for Glasgow, with a cargo for which she had been chartered by Busch. On her arrival at Glasgow Bock & Co. procured letters of arrestment ad fundandam jurisdictionem against Busch, in virtue of which they arrested the ship, on the allegation that Busch was the sole or part owner thereof. Thereafter, on 7th February 1872, Bock & Co. raised an action against Busch in the Court of Session for certain sums, and, in virtue of the warrant contained in the summons, arrested the vessel in security.
Messrs Bock & Co. lodged answers, in which they denied that the petitioner was the true owner of the vessel, and averred that Busch had all along continued to be the owner, and acted as such. They averred that the petitioner was a clerk at Odessa, and that the registration of the ship in his name was a mere device on the part of Busch for preventing the ship from being made answerable for their just claims. In support of these averments the respondents produced a letter from Busch after the date of the alleged sale, which showed that he still acted as owner.
Solicitor-General and Strachan, for the petitioner, argued that a creditor could not use arrestments on a ship which did not, ex facie of the register, belong to his debtor; Duffus, Feb. 13, 1857, 19 D. 430; Schulz, Dec. 5, 1861, 24 D. 120; Grant, Dec. 14, 1867, 6 Macph. 155.
Watson and Maclean for the respondents.
At advising—
The other Judges concurred, observing that the respondents had not made out so strong a case of fraud as was done in the case of Grant, in which, nevertheless, the arrestments were recalled.
The Court recalled the arrestments.
Solicitors: Agent for Petitioner— William Duncan, S.S.C.
Agents for Respondents— J. & R. D. Ross, W.S.