The late George Stewart, merchant, who had filed for bankruptcy in London in 1749, owed money to Peter Coalston, the petitioner's brother, who had not participated in the bankruptcy arrangement. Later, Stewart started making money again and died, quite solvent, in 1758, with his bother Archibald as heir. Jean Coalston, as her brother's heir, sought to collect the debt. At the issue was the extraterritoriality of English law, in particular whether the laws of bankruptcy in England were applicable and valid in Scotland, as bankruptcy proceedings in Scotland were voluntary for creditors, whereas in England they were obligatory.
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People involved
- Jean Coalston — Pursuer
- Archibald Stewart — Defender
- Geroge Stewart — Named in case documents
- Peter Coalston
The late George Stewart, merchant, who had filed for bankruptcy in London in 1749, owed money to Peter Coalston, the petitioner's brother, who had not participated in the bankruptcy arrangement. Later, Stewart started making money again and died, quite solvent, in 1758, with his bother Archibald as heir. Jean Coalston, as her brother's heir, sought to collect the debt. At the issue was the extraterritoriality of English law, in particular whether the laws of bankruptcy in England were applicable and valid in Scotland, as bankruptcy proceedings in Scotland were voluntary for creditors, whereas in England they were obligatory.
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